The Supreme Court has temporarily stopped a decision made by the Delhi High Court, which asked the Delhi government to agree to a deal with the central government. This deal, called a Memorandum of Understanding (MoU), was meant to start a health scheme called the Ayushman Bharat Health Infrastructure Mission (PM-ABHIM) in Delhi.
A group of judges, Justices BR Gavai and AG Masih, made this decision. They also asked the central government, AIIMS, and the Municipal Corporation of Delhi to respond to the case.
Previous High Court order
Earlier, the High Court had ordered the Delhi and Central governments to sign an agreement (MoU) by January 5 to start the PM-ABHIM scheme in Delhi. This scheme, launched in 2020, aims to improve health services and fix infrastructure problems across India. However, the Delhi government, led by the Aam Aadmi Party (AAP), has been against implementing the scheme in Delhi.
AAP Government’s concerns
Senior lawyer AM Singhvi, speaking for the Delhi government, told the Supreme Court that it was unfair to force them to sign the agreement (MoU). He said this would change how much control the central government has over health matters.
He explained that if Delhi signs the agreement, the central government will pay 60% of the initial setup costs, while Delhi will pay 40%. However, after that, all the ongoing expenses would be the Delhi government’s responsibility.
Delhi’s Health Minister, Saurabh Bhardwaj, added that implementing the PM-Jan Arogya Yojana (PM-JAY), another central scheme, could reduce the quality of health benefits already available in the city. In an affidavit, he mentioned that Delhi’s "far more robust" Delhi Arogya Kosh (DAK) scheme is more inclusive, offering benefits to a larger share of the population compared to PM-JAY.
High Court
The High Court supported its decision to implement the PM-ABHIM scheme in Delhi. Judge Pratibha M. Singh explained that 33 other states and Union Territories have already started using the scheme. She said that people in Delhi should not lose the benefits and support provided by the central government.
The Court even allowed the agreement (MoU) to be signed, even though the Model Code of Conduct was in place for the February elections. This code usually limits what governments can do during elections to ensure fairness.
Political battle between BJP and AAP
The issue has turned into a political fight between the BJP and AAP, with both sides blaming each other. Seven BJP MPs had earlier asked the court to make the PM-ABHIM scheme happen in Delhi. They accused AAP of opposing the scheme for "politically motivated" reasons.
In response, AAP argued that the BJP was using this issue for their political benefit. The Delhi government said in a written statement, "The said political party has been trying to impose its wishes on Delhi, even though they were able to win only 10% of the seats in the last election to the legislative assembly."
BJP leaders have responded by accusing AAP of choosing "dirty politics" over helping the public. The head of the BJP in Delhi said AAP's opposition to the scheme shows it "doesn't want the people to stay healthy and is only focused on corruption."
Now that the Supreme Court has stepped in, the final decision on starting the PM-ABHIM scheme in Delhi is still undecided. This issue also shows the ongoing conflict between the central government and the Delhi government over who controls health policies.