New Delhi: The Supreme Court on Friday put on hold an order passed by the Delhi High Court, which directed the Delhi government to sign a memorandum of understanding (MoU) with the Centre for the implementation of PM-Ayushman Bharat Health Infrastructure Mission (PM-ABHIM) scheme.
The matter came up before a bench comprising Justices BR Gavai and AG Masih. The bench decided to put on hold the order passed by the High Court and issued notice to Centre and others, on the petition filed by the Delhi government.
Last month, the High Court had asked the Centre and state government to sign an MoU by January 5 to ensure that the central scheme was implemented in the national capital. The Delhi government has strongly opposed the implementation of the central scheme saying that the Delhi citizens enjoy “superior benefits” under its schemes.
During the hearing on Friday, senior advocate A M Singhvi, representing the Delhi government, submitted that central government powers in the context of the national capital are limited to matters under Entries 1, 2 and 18 in the State List (public order, police, and land). It was argued before the apex court that the order passed by the High Court redefined the government's power in connection with the health sector.
The counsel vehemently contested the High Court order saying it was forcing the Delhi government to sign the MoU. The bench was informed that if the MoU were to be signed then the Centre would bear 60 per cent of the capital expenditure and Delhi government 40 per cent. However, the Delhi government counsel raised the issue of running expenditure.
After hearing submissions, the bench issued notice on the plea filed by the central government and also put on hold the order passed by the high court.
The high court had passed the order while dealing with a suo motu PIL initiated in 2017, in connection with the issue of the availability of ICU beds and ventilator facilities in the state government hospitals.
