SC Constitution Bench To Decide On Continuation Of Oversight Committee’s Supervision Of MCI [Read Order]

The Supreme Court has referred to the Constitution Bench a query raised in a plea by Amma Chandravati Educational and Charitable Trust that whether the oversight committee should continue to supervise functioning of Medical Council of India.

In Modern Dental College and Research Centre & Others vs State of Madhya Pradesh & Others, noticing certain deficiencies in the functioning of the Medical Council of India, the constitution bench had directed that an oversight committee be constituted.

It was urged before a three-judge bench, headed by Justice J. Chelameswar, that no alternative mechanism has been put in place, and therefore, the oversight committee constituted by the constitution bench should continue. It was also contended that contained in para 113 of the above-said decision, there is a directive to the effect “the said Committee will have the authority to oversee any statutory functions under the MCI Act”, which would necessarily mean and imply that the overseeing committee has authority not only to oversee the activity of the Medical Council of India, but also the activity of the Government of India while exercising its statutory authority under various provisions of the Indian Medical Council Act, 1956.

On the other hand, the government contended that, regarding the developments which took place subsequent to the order of the constitution bench, the Government of India is of the opinion that there is no need for the oversight committee to continue.

“An issue arises whether such a conclusion could be arrived at by the Union of India unilaterally without reference to this Court and acted upon,” the bench observed.

It observed that the dispute revolved around the order of the constitution bench and, therefore, the questions were required to be examined and settled entirely by a constitution bench. A plea by Medical Council of India seeking clarification of the earlier order, issued by the constitution bench, will also be heard by the bench.