Setback for BJP Ahead of Assembly Polls as Supreme Court Rules PM Health Plan Not Binding on Delhi
Setback for BJP Ahead of Assembly Polls as Supreme Court Rules PM Health Plan Not Binding on Delhi
A bench of Justice B.R. Gavai and Justice George Masih stayed the December 24, 2024, order passed by the High Court on the PM-Ayushman Bharat Health Infrastructure Mission (PM-ABHIM) after the AAP government challenged the directions as unconstitutional and against federal principles.
The Supreme Court on Friday stayed a Delhi High Court order that had directed the AAP government to sign an MoU with the central government to implement the PM-Ayushman Bharat Health Infrastructure Mission (PM-ABHIM) in the national capital.
This development is seen as a setback for the BJP ahead of the February elections in New Delhi. A bench of Justice B.R. Gavai and Justice George Masih stayed the December 24, 2024, order after the AAP government challenged it, arguing that it was unconstitutional and violated federal principles.
Senior advocate Abhishek Manu Singhvi, representing the AAP government, argued that the high court order was objectionable because it sought to redefine constitutional principles regarding the powers of states. He pointed out that entries 1, 2, and 18 in the States List under the Constitution grant states sole authority over health-related matters. Singhvi emphasized that the Constitution clearly demarcates the powers of the Centre and the states, with the Centre having jurisdiction over issues like police, public order, and land, but the health sector is within the domain of the state, especially in the case of Delhi.
He also questioned how the high court could force the AAP government to sign an MoU with the Centre, under which the Delhi government would bear 40% of the capital expenditure, in addition to the regular running costs for developing infrastructure under the central scheme. Singhvi highlighted that Delhi already had its own hospital infrastructure development scheme, which had a wider reach than the PM-ABHIM.
Justice Gavai, after briefly hearing the arguments, stayed the high court order. The high court had issued the order in response to a PIL filed in 2017, which highlighted the lack of infrastructure in Delhi's government hospitals, including oxygen cylinders and critical care equipment.
In the context of the Delhi Assembly elections, BJP President J.P. Nadda announced the first part of the party’s manifesto, promising various welfare schemes, including a ₹2,500 monthly Mahila Samriddhi Yojana dole for women, subsidized cooking gas, ₹21,000 and nutrition kits for pregnant women, and an increased pension of ₹3,000 for widows and other support-seeking individuals. However, both the AAP and Congress criticized the BJP, calling it a copy of their own promises.
Kejriwal, reacting to the BJP’s manifesto, pointed out that Prime Minister Narendra Modi had frequently criticized the distribution of "revdis" (sops), yet the BJP's manifesto seemed to offer similar welfare schemes.
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