In a significant legal turn, the Supreme Court on Friday put a hold on a previous order by the Delhi High Court, which had mandated the Delhi government to sign a memorandum of understanding (MoU) with the Union health ministry by January 5, 2025, to implement the PM-Ayushman Bharat Health Infrastructure Mission (PM-ABHIM).
The bench, comprising Justices B R Gavai and Augustine George Masih, responded to the Delhi government’s challenge by issuing notices to the Centre among others. This action seeks detailed responses to the petition contesting the High Court’s December 24, 2024 directive.
Representing the Delhi government, Senior Advocate Abhishek Manu Singhvi raised concerns over the High Court’s directive, questioning the legality of compelling a state government to agree to a policy decision under duress. “How can the high court force me (Delhi government) on a policy matter to sign an MoU with the Central government?” Singhvi argued in court.
The plea, submitted through advocate Talha Abdul Rahman, highlights the Delhi government’s reluctance to be coerced into signing the MoU, especially under the pressure of an impending deadline and a model code of conduct that may be in effect.
The High Court, in its December decision, had emphasized the necessity of signing the MoU to ensure the full implementation of PM-ABHIM, pointing out that 33 states and union territories had already adopted the scheme. It argued that the exclusion of Delhi from this list would unjustifiably deprive its residents of critical health infrastructure funds and facilities.
