SC Order In Covid-19 Suo Moto Case: The Supreme Court has raised many serious questions on the central government’s new vaccination policy, describing it as irrational and arbitrary at first sight. Along with this, the court has also asked that when the central government itself procured vaccines for those above 45 years of age and made arrangements for their free vaccination, then why the same was not done in the case of citizens of 18 to 44 years. . The court has also asked the government to present the account of Rs 35,000 crore passed in the budget for the purchase of vaccines.
The country’s biggest court has also said that if the policies of the government violate the rights of common citizens, then the courts of the country will not keep watching everything like a spectator. The Supreme Court had to make this harsh remark when the central government advised the courts not to interfere in the efforts to deal with the COVID-19 epidemic. The Supreme Court said that the Constitution of the country does not require the courts to keep their hands on their hands when the rights of citizens are being violated by government policies.
The Supreme Court said that during its efforts to deal with the second wave of the corona epidemic, they do not want to put a question mark on the wisdom of the government. But the court will definitely see whether the policy chosen by the government meets the test of reasonableness or not. The court will also see that the policies of the government should not be determined arbitrarily and they protect the right to life of all citizens.
It is our job to test government policies on the basis of constitution: SC
A special bench of Justices DY Chandrachud, LN Rao and S Ravindra Bhat said that there is no need to reiterate that the distribution of rights is a part of the basic structure of our Constitution and policy making is the job of the government only. is. The bench said that this thing is known to all. But at the same time, our Constitution also does not say that if the policies of the government are violating the rights of citizens, then the courts should keep watching silently. It is also a very important task to conduct judicial review and to test the policies of the government on the test of constitutional principles, whose responsibility has been entrusted to the courts.
Court can do judicial review of government policies: SC
The bench said, we know that it is not the job of the judiciary to take over the rights and obligations of the government. A democratically elected government is accountable for its work and has the necessary resources to formulate policies. But this division of powers does not mean that the court cannot judicially review the policies made by the government.
The Supreme Court said that at this time it is working to provide a platform to all the people of the country where they can present their constitutional complaints regarding the management of the epidemic. That’s why we are discussing this issue with the government through an open court process. During this, the government will be asked the justification of its policies and it will also be seen whether those policies meet the test of constitutionality or not.
New vaccination policy is illogical at first sight, arbitrary: SC
The Supreme Court has also raised serious questions on the new corona vaccination policy of the central government. The court said that the government has adopted a two-pronged policy in the matter of vaccination. He himself bought the vaccine and got free vaccination for citizens up to 45 years of age. But under the new vaccination policy implemented from May 1, he put the responsibility of collecting vaccines for citizens from 18 to 44 years on state governments and private hospitals. The Center did not even arrange for the people of this age-group to get the vaccine free of cost. The policy of the government for them is that either the state governments themselves should buy the vaccine and provide them free of cost or they should get the vaccine done by paying money in a private hospital. The Supreme Court has termed the adoption of two types of vaccination policy for people of different ages as prima facie irrational and arbitrary.
A provision of 35 thousand crores was made in the budget, how much was spent?
The court has also asked that the central government had made a provision of Rs 35,000 crore in the budget to buy vaccines, out of which how much amount has been spent on this work? Along with this, the court has also asked the government to explain why the remaining amount of this budget of 35 thousand crores cannot be spent on vaccination of citizens of 18 to 44 years?
The Supreme Court has also asked the government to give complete details of the purchase figures of Covaccine, Kovishield and Sputnik. The court has said that the government should present all the data from the beginning till now with the affidavit. In this, the government will also have to tell which company was ordered to purchase how many vaccines and on what date? What is the estimated date of supply? Along with this, the government will also have to tell in the court that what is the Indian price and international price of all the vaccines? Along with this, the government has also asked to present the complete availability of vaccine and complete roadmap of vaccination by December 31 in the court.
The country’s highest court has said all these things in its order dated May 31, which has been uploaded on the website of the Supreme Court on Wednesday, June 2. The Supreme Court gave this order during the hearing of the case being run on the court’s own initiative on issues related to the management of the COVID epidemic.
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