How far constitutional court can go when health emergencies occur? SC to examine

The Supreme Court on Wednesday said it will examine the limits of constitutional courts in dealing with matters that fall under the purview of the executive in connection with the Covid-19 management.

A bench of Justices Vineet Saran and Dinesh Maheshwari said: "We may have 110 suggestions, but will it become an order? We have to remember; we are a constitutional court".

The bench added, "How far can a constitutional court go when public health emergencies like Covid-19 occurs?"

The court posed these queries while disagreeing with the Allahabad High Court's May 17 directions to the Uttar Pradesh government for augmenting health infrastructure in Uttar Pradesh, including on procurement and manufacturing of vaccines.

The bench said whether it would at all be needed for the high court to tread on this arena.

The objective should be fairness to everybody so that sufferance is minimum, but courts have to respect the demarcation, the court said.

The bench wondered, "How far was Ram Bharose comment justified?"

The High Court, acting Suo Motu, had then observed the health system in the state was like 'Ram Bharose' (at the mercy of God).

"It's not that you cannot give suggestions but how can you ask local companies to take vaccine formula and manufacture it? How can such directions be given," the bench asked, adding these questions are for the executive as, amid crisis, everybody has to proceed cautiously.

Senior advocate Nidhesh Gupta, amicus curiae in the matter, said courts interfered in these matters when the executive failed in discharging its obligations. The court put the matter for consideration on August 12.

On Wednesday, a separate bench took suo moto cognizance of the Uttar Pradesh government's decision to allow Kanwar Yatra amid the ongoing Covid pandemic.

Earlier, another bench passed a slew of directions in connection with the Centre's vaccine policy as well as oxygen management by Centre and states, prompting the Union government to revise its policy.

On May 21, the top court had stayed the directions issued by Allahabad High Court on May 17.