Supreme Court stays order directing roll-out of Ayushman Bharat scheme in Delhi

The Supreme Court stayed an order asking the Delhi government to sign a memorandum of understanding (MoU) with the Union Health Ministry to implement the PM-Ayushman Bharat Health Infrastructure Mission (PM-ABHIM). A bench comprising Justices B R Gavai and Augustine George Masih issued notices to the Centre and others, seeking their responses on a plea filed by the Delhi government against the December 24, 2024, directive of the Delhi High Court.

Senior advocate Abhishek Manu Singhvi, representing the Delhi government, argued that the court should issue notice on the plea as the AAP government was compelled 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?" questioned Singhvi. The Delhi government's plea was filed through advocate Talha Abdul Rahman.

The Delhi government said that the implementation of the scheme in the national capital would "amount to downgrading the healthcare initiatives already in place".

In its order dated December 24 last year, the high court noted that PM-ABHIM would need to be fully implemented to ensure Delhi residents were not deprived of the funds and facilities it offers. The court pointed out that with 33 states and union territories having already implemented the scheme, non-implementation in Delhi would be unjustified.

The high court had directed, "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." It further stated, "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."

Under the flagship Ayushman Bharat Pradhan Mantri Jan Arogya Yojana, senior citizens above the age of 70 are entitled to cashless health coverage of up to Rs 5 lakh per family per year. The scheme covers hospitalisation for a range of conditions and major surgeries. It covers more than 1,500 procedures, including cancer treatments.