Justice Chandrachud: If this is the rationale, why do the States have to pay a higher price ? You have to ensure that vaccines are available at the same price across the nation. You can’t have a price at the Centre.
Justice Chandrachud: How do we look at the marginalised and those who can’t provide for themselves ? These are areas we have to look at critically.
Justice Chandrachud: How do you justify for States such as Goa and Uttarakhand who have to get them all on their own ?
Justice Chandrachud: - vaccines free of charge, and for rest, it will be procured at a charge. Two concerns are: You have constantly told us that the situation is dynamic. In the second wave, it was the Pre-45 population which also suffered a great deal.
Justice Chandrachud: Why should the Centre only procure for 45 and leave the ones below on their own ? What is the rationale ? Can we say that 50% of population between 18 to 45 will be able to afford the vaccines ? Not at all.
Justice Chandrachud: Let’s come to brass tacks. For 45+, 50% of what is available is determined pro rata by the Centre. The rest of the 50% is going to be handed over to private hospitals. Our issue is what is the basis for Centre to say that for 45+, we will provide -
SG: This is the impression.
Justice Bhat: I don’t know where you got this from. Nobody is getting that impression.
SG: I would earnestly urge that you not travel this path. The world is facing this crisis. The availability of vaccine manufacturers is few. I would wish as a citizen and officer of the Court that any indication that SC is examining even the price structure, it will hamper...
Justice Chandrachud: We are only questioning the role of the Centre.
Justice Bhat: We just want the rationale of the dual policy. What is the rationale ? If there is enough then we will leave it. We will not hamper you in the negotiation. I don’t know where you got this from.
Justice Chandrachud: The control room mics are on.
Sr. Adv. Meenakshi Arora: We have put in a message to the control room.
Justice Chandrachud: You have to come up with a policy and then explain to the States.
SG: Please appreciate the policy. Let me explain this.
Justice Chandrachud: I was reading the Constitution. Article 1 says that Bharat is a Union of States. When the Constitution says that, then we follow the federal rule. Then Government of India has to procure the vaccines and distribute it. Individual States are left in a lurch.
Justice Chandrachud: What is the vaccine policy of India ? Do you treat yourself as one National Agency and will procure vaccines for the States or have the States been left on their own ?