The Supreme Court has struck down the Assam Rural Health Regulatory Authority Act, 2004 which authorized diploma holders in Medicine and Rural Health Care to treat certain common diseases, perform minor procedures, and prescribe certain drugs.

A Division Bench comprising of Justice B.R. Gavai and Justice B.V. Nagarathna upheld the Gauhati High Court judgment striking down the same law and observed that the domain under which the regulations are imposed in the provision is exclusive to the Parliament.

“The Assam Act, which seeks to regulate such aspects of medical education [that are within the exclusive domain of the Parliament], is liable to be set aside on the grounds that the state legislature lacks competence", the Court said.

The Gauhati High Court has struck down the act on the ground that it was ultra vires the Indian Medical Council Act, 1956. It was stated that as per the application of Section 10A of the Indian Medical Council Act, the State Government should have taken the permission of the Central Government before introducing the said diploma course.

The Court described that the Act is enacted on the strength of List III, Entry 25, which not only sought to introduce a new force in the field of medical education but also to regulate the profession of a successful candidate.

The regulatory authority constituted under the act was imbued with the power to prescribe the minimum standards of the course, the duration in the course of modern medicine, the curriculum, the examination, and other such particulars and that it also authorised the state government to grant permission for the establishment of a medical institute.

Referring to Entry 66 of the Union List, the Court opined that the State Legislature with the impunged Act has attempted to encroach the domain of the the Parliament.

“It is essential that uniform standards are laid down by the Parliament which are adhered to by institutions and medical colleges across the country. To this end, Entry 66 has been formulated with the objective of maintaining uniform standards in research, higher education, and technical education. Hence, state legislatures lack legislative competence in the areas of prescription of minimum standards for medical education, authority to recognise or derecognise an institution, et cetera", the Court thus observed.

 

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