Supreme Court Stays HC Order Requiring Delhi Govt To Sign MoU With Centre On Implementation Of PM-ABHIM Scheme

The Supreme Court today stayed the Delhi High Court order which directed Delhi government to sign a Memorandum of Understanding with the Centre by January 5 for implementation of PM-Ayushman Bharat Health Infrastructure Mission (PM-ABHIM) scheme in the national capital.

A bench of Justices BR Gavai and AG Masih passed the order, seeking the Centre's response on the Delhi government's plea challenging the High Court order.

Senior Advocate Dr Abhishek Manu Singhvi, appearing for Delhi government, submitted that the powers of the Centre are limited to matters under Entries 1, 2 and 18 in the State List (ie public order, police and land). However, the High Court, vide the impugned order, redefined powers of the governments with regard to the health sector.

He questioned the High Court forcing the Delhi government's hand to sign the MoU - a policy decision - highlighting that if so signed, the Government of India will bear 60% of the capital expenditure (and Delhi government 40%) but 0% running expenditure. The senior counsel further claimed that the reach and coverage of Delhi government's own scheme is much larger.

After hearing the submissions, the bench issued notice on the plea and directed a stay of the impugned High Court order.

Briefly put, the Delhi High Court passed the impugned order while dealing with a suo motu PIL initiated in 2017 concerning the issue of the availability of ICU beds and ventilator facilities in government hospitals. It was said that non-implementation of the PM-ABHIM Scheme in Delhi, when 33 States/UTs have already implemented the same, would not be justified.

The High Court noted that the scheme would have to be implemented in its entirety in order to ensure that the residents of Delhi are not deprived of the funds and facilities under it. Further, it was added that the MoU shall be signed irrespective of a Model code of conduct, if any, as the same is for the benefit of residents of Delhi.

Prior to this order, the High Court had expressed concern over the lack of medical infrastructure to treat critical care patients and asked the Delhi Government why the infrastructure was not keeping pace with the demand. The Court had also said that the Delhi government ought not delay implementation of PM-ABHIM scheme on pilot basis and subsequently scale it up to all hospitals.

Case Title: GOVERNMENT OF NCT OF DELHI Versus UNION OF INDIA AND ORS., Diary No. 921-2025 

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