The instant petition was filed before the Hon’ble Supreme Court, seeking removal of the Subject ‘Health’ from the State List and to include it in the Union List exclusively was dismissed by the Hon’ble Court on Monday.
The petition that challenged the contours of federalism has also sought directions to the Central Government to constitute a National Health Commission and to be headed by a retired Hon’ble Supreme Court Judge, expert doctors nominated by President, and a senior officer from WHO.
The Hon’ble Division Bench constituted by Hon’ble Justice Nageshwara Rao and Hon’ble Justice Hemant Gupta dismissed the plea saying that the Hon’ble Courts cannot direct Legislature to make laws.
The petitioner contended that the States have mishandled the subject of Health during the COVID-19 Pandemic and hence, be included in the Union List, for which the Hon’ble Bench said that there is a long catena of cases which indicated that they cannot direct Legislature to make law while dismissing the petition.
