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Delhi vs Centre: Supreme Court Halts PM-ABHIM Scheme Implementation

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In a significant development, the Supreme Court today stayed the Delhi High Court's directive requiring the Delhi government to sign a Memorandum of Understanding (MoU) with the Centre for implementing the PM-Ayushman Bharat Health Infrastructure Mission (PM-ABHIM) in the national capital.

 

A bench comprising Justices BR Gavai and AG Masih issued the stay while seeking the Centre's response to the Delhi government's plea challenging the High Court's order. Senior Advocate Dr. Abhishek Manu Singhvi, representing the Delhi government, argued that the Centre's powers are restricted to public order, police, and land under Entries 1, 2, and 18 of the State List. Singhvi contended that the High Court had overstepped by redefining governance in the health sector.

 

The High Court had earlier emphasized that the PM-ABHIM scheme must be implemented in Delhi, as it has been in 33 other states and Union Territories. It noted that the scheme's absence deprived Delhi residents of critical funds and facilities, particularly for ICU beds and ventilator infrastructure. The Court also asserted that signing the MoU was imperative for addressing medical infrastructure gaps in Delhi.

 

However, Singhvi countered that forcing the Delhi government to sign the MoU would cede control of state policy decisions to the Centre. He highlighted that while the Centre would bear 60% of capital expenses under the scheme, operational costs would fall entirely on the Delhi government. Furthermore, Singhvi argued that Delhi’s existing health initiatives have broader reach and coverage.

 

The Supreme Court's stay on the High Court's order temporarily halts the mandatory implementation of the scheme, opening the floor for further legal deliberations on the autonomy of state policies in the health sector.

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