Greeva Garg –
The Supreme Court of India while hearing an appeal, stated that, it will examine the extent to what Constitutional Courts could venture into issues of Covid-19 management, that falls within Executive domain.
The appeal was filed by the Uttar Pradesh Government, challenging the order passed by the Allahabad High Court directing the state for steady facilitation of medical services to people to tackle the COVID crisis.
The division bench comprising of Justice Vineet Saran and Justice Dinesh Maheshwari observed, “What we want to lay down is how far can constitutional court venture into an issue like this. How many ambulances are there, how many oxygen beds are there. We don’t want to comment on that. It is not that you cannot give suggestions but how can you ask local companies to take vaccine formula and manufacture it? How can such directions be given?”
The Supreme Court directed the UP Government to assume High Court’s Orders as mere suggestions.
In this regard, the Supreme Court refused to set aside any order passed by the High Court on May 17, considering them only as suggestions and not as formal orders.
The Allahabad High Court in its order has linked the prevailing condition of medical system in UP to ‘Ram Bharose’, and issued certain direction to the State Government.
The bench stated that, “We have to examine that. The objective was in fairness to everybody so sufferance is minimum but we have to respect the demarcation. How far was Ram Bharose comment justified.”
A three Judge bench of the Supreme Court, earlier in a suo moto case related to Covid-19 passed certain directions to the Central Government regarding their vaccine policy and oxygen management policy.
The Supreme Court’s intervention prompted the Centre to modify its policies relating to Covid-19 management.