Plea Seeking To Remove ‘Health’ From State List And Its Exclusive Inclusion In The Union List Dismissed By The SC

WHAT DID THE COURT SAY

• The Supreme Court has refused to entertain a plea filed that seeks the removal of ‘health’ as a subject from the State List and its exclusive inclusion under the Union List.
• The plea also sought directions to the Centre for the setting up of a National Health Commission for the country.
• The decision was given by the Division Bench consisting of Justice Nageswara Rao and Justice Hemant Gupta.
• The plea was dismissed upon the grounds that the Court cannot direct the Legislature to make a law.

ARGUMENTS OF THE PETITIONER

• The petitioner pleaded that a NHC would prevent the stressful situation of emergency and panic that the nation had to face during the second wave of the pandemic.
• Moreover, the petitioner contended that to avoid the blame games between the Centre and the States in the future, it was necessary that ‘health’ be made a subject on the Union List, similar to defence.
• The petitioner relied upon judgements passed in the Sabarimala case and the MC Mehta v. Union of India case as well.
• The petition pleaded that in case the bench found substance in the plea, it would give recommendations to the Centre

LEGAL BACKGROUND

• The Union List or List I is a list consisting of 97 subjects over which the Central Government has the exclusive rights to make laws.
• The State List or List II is a list consisting of 66 subjects over which the state can make laws.
• Both the lists are specified in the 7th Schedule of the Constitution of India.

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