New Delhi: The Supreme Court on Friday stayed the implementation of the Delhi High Court’s decision, which had directed the Delhi government and the Union Ministry of Health and Family Welfare to sign a Memorandum of Understanding (MoU) for the full implementation of the Ayushman Bharat scheme in the national capital.
A bench of Justices B.R. Gavai and A.G. Masih passed the interim order while hearing a special leave petition filed by the Delhi government against the December 24 decision of the Delhi High Court. The High Court had instructed that the MoU be signed by January 5, 2025.
The Supreme Court bench issued a notice and sought responses from the Union government and other respondents, including AIIMS Delhi, on the matter.
Background:
The Delhi High Court had ruled that the Ayushman Bharat Health Infrastructure Mission (PM-ABHIM) scheme should be implemented in Delhi in its entirety. The High Court emphasized that, unlike 33 other states and Union Territories where the scheme had been fully implemented, Delhi residents were deprived of the benefits and funds under the scheme.
In its ruling, the High Court also clarified that the MoU must be signed regardless of any model code of conduct, stressing that the scheme benefits the citizens of Delhi.
Delhi Government’s Argument:
The Delhi government argued that the High Court’s decision encroached on the executive powers of the Union government concerning public health in the capital, which, according to them, was against the constitutional framework.
Under the Ayushman Bharat scheme, the Union government is responsible for 60% of the capital expenditure, while the Delhi government covers 40%, though it does not bear any of the ongoing operational costs.
PM-JAY Scheme Overview:
The PM-JAY was launched by the Union government to provide Universal Health Coverage (UHC) to economically weaker sections (EWS) and Below Poverty Line (BPL) families, as recommended by the National Health Policy 2017. The scheme covers more than 12 crore families (approximately 55 crore beneficiaries) and offers health coverage of up to Rs 5 lakh.
