NDLI: in Re: Distribution of Essential Supplies and Services During Pandemic Vs. .

in Re: Distribution of Essential Supplies and Services During Pandemic Vs. .

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in Re: Distribution of Essential Supplies and Services During Pandemic Vs. .

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	COVID-19 Pandemic: Suo Motu cognizance of various issues relating to COVID-19
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Suo Moto Writ Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	COVID-19 Pandemic: Suo Motu cognizance of various issues relating to COVID-19 – Unprecedented humanitarian crisis following outbreak of COVID-19 pandamic – Issues as regards distribution of essential supplies and services during pandemic – Issuance of directions, recommendations and questions to the Government as regards the medical infrastructure, national policy for admission to hospitals, oxygen allocation and availability, vaccines capacity and disbursal and vaccine pricing, potentiality of compulsory licensing for vaccines and essential drugs, supply of essential drugs, black marketing and augmentation of health care workforce – Direction to Union of India to ensure that the deficit in the supply of oxygen to the Government of National Capital Territory of Delhi- GNCTD is rectified within the stipulated period – Direction to Central Government who would in collaboration with the States, prepare a buffer stock of oxygen for emergency purposes and decentralize its location – Direction to Central Government and State Governments that it would notify all Chief Secretaries/Police that any clampdown on information on social media or harassment caused to individuals seeking/delivering help on any platform would attract a coercive exercise of jurisdiction – Central Government to formulate a national policy on admissions to hospitals which would be followed by all State Governments, and till then no patient to be denied hospitalization or essential drugs in any State/UT for lack of local residential proof of that State/UT – Issuance of direction to Central Government to revisit its initiatives and protocols, including on the availability of oxygen, availability and pricing of vaccines, availability of essential drugs at affordable prices and on all the other issues – Judicial notice – Constitution of India.Constitution of India: Art. 32 - Suo Motu writ petition – Unprecedented humanitarian crisis following outbreak of COVID- 19 pandamic – Dialogical role of the bench – Held: Jurisdiction assumed by this Court under Art. 32 did not automatically lead to the erosion of High Court’s jurisdiction under Article 226 - Jurisdiction under Article 226 is important – High Courts may be better equipped to deal with issues within their own States – However, this Court assumed jurisdiction over issues in relation to COVID- 19 which traverse beyond state boundaries and affect the nation in its entirety – Jurisdiction exercised is merely to facilitate a dialogue of relevant stakeholders, the UOI, the States and this Court, in light of the pressing humanitarian crisis, and not with a view to usurp the role of the executive and the legislature – This bounded- deliberative approach is exercised so that the UOI and States can justify the rationale behind their policy approach which must be bound by the human rights framework u/Arts. 21 and 14.
Judge	N/A
Neutral Citation	2021 INSC 280
Petitioner	In Re: Distribution Of Essential Supplies And Services During Pandemic
SCR	[2021] 4 S.C.R. 297
Judgement Date	2021-04-30
Case Number	03

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