Supreme Court Issues Notice on NCAHP Act
Governments flagged for non-compliance
The Supreme Court has issued notices to the Union Government, all State Governments, and Union Territory administrations over the alleged failure to implement the National Commission for Allied and Healthcare Professions (NCAHP) Act, 2021, despite earlier directions.
Court Concern Over Unregulated Institutes
Directions issued in 2024
In 2024, the apex court had expressed concern about the growing number of unregulated healthcare institutes and directed the Union and State Governments to implement the NCAHP Act within two months.
Contempt Petition Filed
Joint Forum of Medical Technologists of India
A division bench of Justice Vikram Nath and Justice Sandeep Mehta, while hearing a contempt petition filed by the Joint Forum of Medical Technologists of India (JFMTI), noted that the central and state governments had not complied with the court’s direction even after 1.5 years.
Notices to Governments
Personal appearance not required
Due to non-compliance, the bench issued notices to the Union of India, all state governments, and Union Territory administrations. The Court clarified that personal appearance of officials was not required at this stage.
Partial Implementation by States
Only 14 of 28 State Councils set up
Medical Dialogues reported that the Union Health Ministry had earlier been directed to convene a meeting with State Secretaries to implement the NCAHP Act. Despite the Act being in force for almost four years, only 14 of 28 States/UTs had set up State Councils, and even those were not fully functional.
Objectives of the NCAHP Act
Regulation and quality assurance
Enacted on March 28, 2021, the NCAHP Act aims to regulate education and services of allied and healthcare professionals, assess and rate institutions, ensure quality standards, and maintain live National and State Registers for registration of all professionals.
Contempt Plea Highlights Delays
Statutory mandates not met
In the fresh plea, petitioners argued that despite the Supreme Court’s 2024 order directing implementation by October 12, 2024, the National Commission itself had not been fully established even in 2026, and repeated extensions by the Central Government delayed the formation of State Councils.
Governance and Judicial Oversight
Principles of effective governance cited
The plea contended that such delays raise concerns under principles of effective governance and the Court’s supervisory jurisdiction, as recognised under Article 141 and established in precedents like State of Punjab v. Amritsar Gas Ltd. (1974) and Vineet Narain v. Union of India (1998), emphasizing compliance with judicial directions.
