In a relief to the Aam Aadmi Party (AAP)-led Delhi government ahead of the much-awaited Delhi Assembly Elections, the Supreme Court on Friday stayed an order asking the Delhi government to sign a memorandum of understanding (MoU) with the Union Health Ministry by January 5 to implement the PM Ayushman Bharat Health Infrastructure Mission (PM-ABHIM).
Ayushman Bharat: Supreme Court Pauses Delhi HC's Order Directing Rollout Of Centre's Scheme In Delhi
The top court's order came while hearing a plea filed by the Delhi government against the direction of the Delhi High Court. The Delhi government's plea was filed through advocate Talha Abdul Rahman.
The top court's order came while hearing a plea filed by the Delhi government against the direction of the Delhi High Court. The Delhi government's plea was filed through advocate Talha Abdul Rahman.
Seeking their responses on the plea against the December 24, 2024, direction of the Delhi High Court, a bench of Justices B R Gavai and Augustine George Masih issued notices to the Centre.
According to Senior advocate Abhishek Manu Singhvi, who represented the Delhi government, the high court forced the AAP government to sign the MoU with the Central government."How can the high court force me (Delhi government) on a policy matter to sign an MoU with the Central government?", Live Law reported quoting Singhvi.
Advocate Singhvi also mentioned that the powers of the Centre are limited to matters under Entries 1, 2, and 18 in the State List (i.e. public order, police, and land). However, the High Court once again redefined the powers of the governments with regard to the health sector.
What did Delhi HC say?
As per the December 24 order, the Delhi High Court referred to the minutes of the meeting held in December 2024 and noted the PM-ABHIM would have to be implemented in its entirety to ensure Delhi residents were not deprived of the funds and facilities under it.
Citing its implementation across 33 states and union territories, the high court said the non-implementation of PM-ABHIM in Delhi would not be justified.
"Since the memorandum of understanding (MoU) has to be signed between the Ministry of Health and Family Welfare, Government of India and the GNCTD, let the said MoU be signed by January 5, 2025," directed the high court.
It further said, "This MoU shall be signed irrespective of the model code of conduct, if any, as the same has been monitored by this court and is for the benefit of citizens of Delhi."
Delhi govt opposes implementation of Ayushman Bharat
Back in October, answering the question over why Delhi refuses to implement the centrally sponsored Ayushman Bharat Pradhan Mantri Jan Arogya Yojana, Kejriwal said there was no need for the scheme in the national capital as the AAP government provides free treatment of up to rupees 1 crore to all city residents, as per a report by The Hindu.
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The Delhi government has opposed the implementation of the Centre's Ayushman Bharat scheme in the national capital, saying that it would "amount to downgrading the healthcare initiatives already in place".
Instead of Ayushman Bharat, AAP supremo Arvind Kejriwal in December announced free treatment for senior citizens at all government and private hospitals if voted to power in February.
Kejriwal said free treatment will be available for people above the age of 60 as part of the 'Sanjeevani Yojana' once his party retains power in the national capital in 2025 elections.
"It is now our duty to take care of you. You people have worked hard to take the country forward," the former Delhi chief minister said.
About Ayushman Bharat
Centre's flagship Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (PM-JAY) allows seniors above the age of 70 to go for cashless health coverage of up to Rs 5 lakh per family per year.
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It covers hospitalisation expenses for a wide range of conditions, including major surgeries, chronic illness treatments, and specialised healthcare services that tend to become more essential as one ages.
Once enrolled, beneficiaries can access treatments without paying out-of-pocket at empanelled hospitals.
The scheme covers more than 1,500 procedures, including knee and hip replacements, cardiac surgery, and cancer treatments.
Covers secondary and tertiary care, helping older adults manage both minor and critical conditions.
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