New Delhi: The Supreme Court on Friday stayed the Delhi High Court’s order, which had directed the Delhi government to sign a Memorandum of Understanding (MoU) with the Centre by January 5 for the implementation of the PM-Ayushman Bharat Health Infrastructure Mission (PM-ABHIM) scheme in the national capital.
A bench comprising Justice BR Gavai and Justice AG Masih while staying in the High Court order issued a notice to the Centre and sought ‘s response to the Delhi government’s plea, which challenged the High Court’s ruling.
Senior Advocate Dr Abhishek Manu Singhvi, representing the Delhi government, argued that the Centre’s powers are confined to matters outlined under Entries 1, 2, and 18 of the State List, which covers public order, police, and land.
He contended that the High Court’s order improperly expanded the powers of the government concerning the health sector.
He also questioned the High Court’s decision to compel the Delhi government to sign the MoU, describing it as a policy decision.
Singhvi emphasized that if the MoU were signed, the Government of India would contribute 60% of the capital expenditure, while the Delhi government would bear 40%, but there would be no support for running costs.
Furthermore, he argued that the Delhi government’s health scheme has a broader reach and coverage.
After hearing the submissions, the bench issued notice on the Delhi government’s plea and granted a stay on the High Court’s order.
The Delhi High Court passed the order while addressing a suo motu Public Interest Litigation (PIL) initiated in 2017 concerning the availability of ICU beds and ventilator facilities in government hospitals. The High Court had observed that the non-implementation of the PM-ABHIM scheme in Delhi—when it has already been implemented in 33 other States and Union Territories—would not be justified.
The Court emphasized that the scheme must be implemented fully to ensure Delhi residents receive the associated funds and benefits.
Additionally, the High Court directed that the MoU should be signed regardless of any Model Code of Conduct in place, as it would benefit the residents of Delhi.
Earlier, the High Court had expressed concern over the lack of critical care infrastructure in Delhi and questioned the government about the delay in meeting the demand for medical facilities.
The Court had directed the Delhi government not to delay the pilot implementation of the PM-ABHIM scheme and to scale it up to all hospitals.
