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Is it right?

WHETHER THE - Circular/communication bearing no. 1441/health/directorate/2022, dated 30.11.2022, issued by the directorate of health services, that "the hospitals shall examine and certify that the documents submitted by the donors and the donee are genuine, also that there is no financial transaction involved and that the donor's consent for transplant is based on his or her free will, a certificate to that effect shall be endorsed under the seal and signature of the registered hospital's dean or medical head. The hospital should complete this exercise before forwarding applications and papers to the state government-based regional authorization committee, metropolis. If the circular is breached, penal consequences will be attracted." IS ULTRA VIRES TO THE CONSTITUTION OF INDIA AND PROVISIONS OF THE TRANSPLANTATION OF HUMAN ORGANS AND TISSUES ACT 1994; ON GROUNDS OF LEGISLATIVE COMPETENCE, BREACH OF FUNDAMENTAL RIGHTS, AND ARBITRARINESS?


 1 Replies

RAKESH ISHI   26 March 2023

Whether or not the circular is ultra vires to the Constitution of India and provisions of the Transplantation of Human Organs and Tissues Act 1994, will depend on the specific facts and circumstances of the case and requires a detailed legal analysis.

However, it is important to note that any circular or directive issued by the government or its agencies must be in compliance with the Constitution of India and the laws of the land.

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