Supreme Court Questions Non-Implementation Of National Commission For Allied & Healthcare Professions Act; Summons Officer

The Supreme Court on Tuesday flagged the non-implementation of the National Commission for Allied and Healthcare Professions Act, 2021, noting that regulations governing paramedical courses under the statute have not yet been framed even five years after its enactment.

A Bench led by Justice PS Narasimha and Justice Alok Aradhe observed that the absence of regulations cannot be a ground to stall the enforcement of a Parliamentary statute.

Justice Narasimha remarked, "You can't stop enforcement of an Act just because regulations aren't notified."

During the hearing, the Court expressed concern that the delay in framing regulations had effectively paralysed the functioning of State-level laws governing paramedical education after the Central statute came into force.

Justice Narasimha pointed out that the Act was enacted in 2021 and yet remained unimplemented in 2026. He directed the counsel appearing for the National Commission to ensure the presence of the responsible official before the Court.

"It is a 2021 Act, we are in 2026. The Act has to be implemented. You ask the officer in charge to be present tomorrow in the court, we want to ask him what is happening. We are not interested in contempt but why is it not implemented," Justice Narasimha stated.

The Court further observed that the delay had created a regulatory vacuum, as State statutes had been frozen following the enactment of the Central law.

"On the one hand you have frozen all the State statutes. They are not able to work because Central statute has come. Just because the regulations have not been put in place how can you not implement that?" Justice Narasimha added.

In its order, the Court directed that the matter be listed on April 9, 2026, and ordered the officer in charge of the National Commission for Allied and Healthcare Professions to remain present before the Court and inform it about the stage at which implementation of the provisions of the Act is pending.

In 2024, the Court had issued a direction to implement the National Commission for Allied and Healthcare Professions Act. In February this year, a bench led by Justice Vikram Nath issued contempt notice to Centre and States over the failure to comply with the direction.

Case : DR. DAYAL INSTITUTE OF PARAMEDICAL TECHNOLOGY Vs THE STATE OF RAJASTHAN | SLP(C) No. 31145/2025