BAHARUL ISLAM & ORS. versus INDIAN MEDICAL ASSOCIATION AND ORS.

BAHARUL ISLAM & ORS. versus INDIAN MEDICAL ASSOCIATION AND ORS.

The Assam Rural Health Regulatory Authority Act, 2004 is ultra vires insofar as it seeks to prescribe minimum standards, recognise institutions or permit practice in modern scientific/allopathic medicine without compliance with the Indian Medical Council Act, 1956, because Entry 66 List I (coordination and determination of standards in higher education/medical education) is reserved to Parliament; the Assam Community Professionals (Registration and Competency) Act, 2015 validly removed the basis of the High Court judgment by legislative action within State competence and is not in conflict with the IMC Act, 1956

Parties
Appellants: Baharul Islam & Ors.; Respondents: The Indian Medical Association and Ors.; Respondent: Union of India; Respondent: Medical Council of India (Respondent No.7); Intervenor/party: State of Assam
Jurisdiction
India
Judgment Date
24 January 2023
Procedural Posture
Civil Appeal (challenge to High Court Writ Decision) / Appeal From Gauhati High Court; Final Judgment by Supreme Court on Appeals and Transferred Cases
Outcome
Appeals and transferred cases dismissed
Legal Topics
Legislative Competence Under Seventh Schedule, Entry 66 List I Vs Entry 25 List III, Validity of State Medical/health Legislation, Registration of Medical Practitioners, Doctrine of Pith and Substance, Repugnancy and Article 254, Retrospective Legislation to Remove Basis of Judicial Decision
Constitutional Law Education Law Health/medical Regulation Administrative Law Legislative Competence Under Seventh Schedule Entry 66 List I Vs Entry 25 List III Validity of State Medical/health Legislation Registration of Medical Practitioners +3 more

Case Brief

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Parties

Baharul Islam & Ors.

Appellants

The Indian Medical Association and Ors.

Respondents

Union of India

Respondent

Medical Council of India (Respondent No.7)

Respondent

State of Assam

Intervenor/party

Procedural Posture

Civil Appeal (challenge to High Court Writ Decision) / Appeal From Gauhati High Court; Final Judgment by Supreme Court on Appeals and Transferred Cases

Legal Issues

  1. 1 Whether the Assam Rural Health Regulatory Authority Act, 2004 was within the legislative competence of the State (Entry 25 List III) having regard to the Indian Medical Council Act, 1956 (Entry 66 List I)
  2. 2 Whether the Assam Community Professionals (Registration and Competency) Act, 2015 validly removed the basis of the High Court judgment and is within State competence
  3. 3 Interplay between Entry 66 (coordination and determination of standards in higher education) and Entry 25 (education) and applicability of Article 254/repugnancy

Ratio Decidendi

The Assam Rural Health Regulatory Authority Act, 2004 is ultra vires insofar as it seeks to prescribe minimum standards, recognise institutions or permit practice in modern scientific/allopathic medicine without compliance with the Indian Medical Council Act, 1956, because Entry 66 List I (coordination and determination of standards in higher education/medical education) is reserved to Parliament; the Assam Community Professionals (Registration and Competency) Act, 2015 validly removed the basis of the High Court judgment by legislative action within State competence and is not in conflict with the IMC Act, 1956

Court Disposition

Appeals and transferred cases dismissed

Orders

  • Civil Appeal Nos.502-503 of 2023 and Transferred Cases (TC (C) Nos.24 and 25 of 2018) dismissed
  • Assam Rural Health Regulatory Authority Act, 2004 declared null and void to the extent it conflicts with the Indian Medical Council Act, 1956