BJP-Led Delhi Govt Withdraws Plea Filed By AAP-Govt In Supreme Court Against Direction To Sign MoU With Centre On PM-ABHIM

After coming to power in the national capital, the Bhartiya Janata Party-led Delhi government today withdrew from Supreme Court a case filed by erstwhile Aam Aadmi Party-led government against Delhi High Court's direction to the previous government to sign a Memorandum of Understanding (MoU) with the Centre on implementation of PM-Ayushman Bharat Health Infrastructure Mission (PM-ABHIM) scheme.

A bench of Justices BR Gavai and Prashant Kumar Mishra permitted the withdrawal of the matter.

Advocate Jyoti Mendiratta, for GNCTD, told the bench that the government wished to withdraw the petition. Hearing the counsel, in the backdrop of change in Delhi government, Justice Gavai remarked, "Now (since change in government), you won't be interested".

Mendiratta replied to the same, saying, "We are going ahead with the implementation of the scheme".

Briefly put, the Delhi High Court passed the impugned order while dealing with a suo motu PIL initiated in 2017 concerning the issue of the availability of ICU beds and ventilator facilities in government hospitals. It was said that non-implementation of the PM-ABHIM Scheme in Delhi, when 33 States/UTs have already implemented the same, would not be justified.

The High Court noted that the scheme would have to be implemented in its entirety in order to ensure that the residents of Delhi are not deprived of the funds and facilities under it. Further, it was added that the MoU shall be signed irrespective of a Model code of conduct, if any, as the same is for the benefit of residents of Delhi.

Prior to this order, the High Court had expressed concern over the lack of medical infrastructure to treat critical care patients and asked the Delhi Government why the infrastructure was not keeping pace with the demand. The Court had also said that the Delhi government ought not delay implementation of PM-ABHIM scheme on pilot basis and subsequently scale it up to all hospitals.

Challenging the High Court order, the AAP-led Delhi government approached the Supreme Court in January this year. Senior Advocate Dr Abhishek Manu Singhvi, appearing on its behalf, submitted that the powers of the Centre were limited to matters under Entries 1, 2 and 18 in the State List (ie public order, police and land). However, the High Court, vide the impugned order, redefined powers of the governments with regard to the health sector.

Further, Singhvi questioned the High Court forcing the Delhi government's hand to sign the MoU - a policy decision - highlighting that if so signed, the Government of India would bear 60% of the capital expenditure (and Delhi government 40%) but 0% running expenditure. The senior counsel further claimed that the reach and coverage of Delhi government's own scheme was much larger.

On January 17, the Supreme Court issued notice on the petition and stayed the impugned Delhi High Court order. Subsequently, the BJP emerged victorious in the Delhi Legislative Assembly Elections, formed the government and filed an application in the present case seeking withdrawal.

Case Title: GOVERNMENT OF NCT OF DELHI Versus UNION OF INDIA AND ORS., Diary No. 921-2025