IN RE: DISTRIBUTION OF ESSENTIAL SUPPLIES AND SERVICES DURING PANDEMIC versus .

IN RE: DISTRIBUTION OF ESSENTIAL SUPPLIES AND SERVICES DURING PANDEMIC versus .

While policy-making during a public health emergency is primarily an executive function, the Court will exercise judicial review to ensure executive measures are reasonable and not manifestly arbitrary; the Court found the Liberalized Vaccination Policy prima facie arbitrary and irrational in shifting free universal procurement for the 18-44 age group to States/UTs and private hospitals and therefore directed the Union to undertake a fresh review and to file detailed affidavits addressing procurement, distribution, pricing, logistics and digital-access issues, and directed States/UTs to clarify their positions on free vaccination.

Parties
Respondent: Union of India
Jurisdiction
India
Judgment Date
31 May 2021
Procedural Posture
Suo Motu Writ Petition (civil) No. 3 of 2021 / Order Dated 31 May 2021 (interim Directions)
Outcome
Directions issued; interim order directing Union of India and State/UT Governments to file affidavits addressing specified issues
Legal Topics
COVID 19 Vaccination, Liberalized Vaccination Policy, Judicial Review, Vaccine Procurement and Distribution, Differential Pricing, Digital Divide, Vaccine Logistics
Public Health Constitutional Law Administrative Law Health Policy COVID 19 Vaccination Liberalized Vaccination Policy Judicial Review Vaccine Procurement and Distribution +3 more

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Parties

Union of India

Respondent

Procedural Posture

Suo Motu Writ Petition (civil) No. 3 of 2021 / Order Dated 31 May 2021 (interim Directions)

Legal Issues

  1. 1 Scope of judicial review of executive policy during a public health emergency
  2. 2 Legitimacy and rationality of the Liberalized Vaccination Policy shifting procurement and payment burdens for 18-44 age group to States/UTs and private hospitals
  3. 3 Basis and fairness of pro rata allocation of vaccines to States/UTs and private hospitals

Ratio Decidendi

While policy-making during a public health emergency is primarily an executive function, the Court will exercise judicial review to ensure executive measures are reasonable and not manifestly arbitrary; the Court found the Liberalized Vaccination Policy prima facie arbitrary and irrational in shifting free universal procurement for the 18-44 age group to States/UTs and private hospitals and therefore directed the Union to undertake a fresh review and to file detailed affidavits addressing procurement, distribution, pricing, logistics and digital-access issues, and directed States/UTs to clarify their positions on free vaccination.

Court Disposition

Directions issued; interim order directing Union of India and State/UT Governments to file affidavits addressing specified issues

Orders

  • Union of India to undertake a fresh review of its vaccination policy and file an affidavit within two weeks addressing specified concerns regarding vaccine procurement and distribution, augmentation of supply, pricing, logistics and digital access.
  • Union of India to place on record a roadmap of projected availability of vaccines till 31 December 2021 and the complete purchase history (dates, quantities, projected supply dates) for Covaxin, Covishield and Sputnik V.