The Supreme Court on Friday stayed a Delhi High Court order directing the Delhi Government to sign a Memorandum of Understanding (MoU) with the Union Health Ministry by January 5 for implementing the PM-Ayushman Bharat Health Infrastructure Mission (PM-ABHIM).
A bench comprising Justices BR Gavai and Augustine George Masih issued notices to the Centre and other stakeholders, seeking responses to the Delhi Government’s petition challenging the high court’s December 24, 2024, directive.
Representing the Delhi Government, senior advocate AM Singhvi argued that the high court lacked the authority to compel the National Capital Territory (NCT) Government to enter into a policy agreement with the Central Government.
“How can the high court force the Delhi Government to sign an MoU on a policy matter?” Singhvi questioned during the hearing.
The high court’s order stemmed from a suo motu Public Interest Litigation (PIL) initiated in 2017 regarding ICU bed and ventilator availability in government hospitals across Delhi.
Observing that 33 states and Union Territories had already implemented the PM-ABHIM scheme, the high court emphasized that non-implementation in Delhi would deprive its residents of critical funds and healthcare facilities.
The high court also referred to the minutes of a December 2024 meeting, stressing that implementing the scheme in its entirety was essential to benefit Delhi residents. However, Singhvi contended that the high court’s directive interfered with the Delhi Government’s policy decisions.
He highlighted concerns about the financial burden, stating that under the scheme, the Centre would cover 60% of capital expenditure while the Delhi Government would shoulder 40%—with the Centre providing no funding for running costs.
Singhvi further argued that Delhi’s own healthcare programs offer broader coverage than the PM-ABHIM scheme, making the MoU unnecessary and counterproductive. The Supreme Court’s stay has temporarily halted the enforcement of the high court’s directive.
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