After forming the government in the national capital, the Bharatiya Janata Party (BJP)-led Delhi government has withdrawn a case previously filed by the Aam Aadmi Party (AAP)-led government in the Supreme Court. The case challenged the Delhi High Court’s direction that mandated the Delhi government to sign a Memorandum of Understanding (MoU) with the Centre for the implementation of the PM-Ayushman Bharat Health Infrastructure Mission (PM-ABHIM) scheme.
A Supreme Court bench comprising Justices BR Gavai and Prashant Kumar Mishra permitted the withdrawal of the plea.
During the hearing, Advocate Jyoti Mendiratta, representing the Government of the National Capital Territory of Delhi (GNCTD), informed the court about the government’s decision to withdraw the petition. Upon hearing this, Justice Gavai remarked:
“Now (since change in government), you won’t be interested.”
Mendiratta confirmed the government’s stance, stating:
“We are going ahead with the implementation of the scheme.”
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Background of the Case
The Delhi High Court initially issued the impugned order while addressing a suo motu Public Interest Litigation (PIL) initiated in 2017. The PIL concerned the availability of ICU beds and ventilators in government hospitals across Delhi. The High Court emphasized that while 33 States and Union Territories had already implemented the PM-ABHIM scheme, Delhi’s delay in doing so was unjustifiable.
The court further stressed that full implementation of the scheme was crucial to ensure Delhi residents benefited from the allocated funds and medical facilities. It also clarified that signing the MoU should proceed regardless of the Model Code of Conduct, as the scheme directly benefits the people of Delhi.
Before issuing the directive, the High Court had raised concerns over the insufficient medical infrastructure in Delhi to handle critical care patients. It questioned why the Delhi government’s healthcare infrastructure was not keeping up with rising demands.
The court had suggested:
“The Delhi government ought not to delay the implementation of PM-ABHIM scheme on a pilot basis and subsequently expand it to all hospitals.”
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In January, the AAP-led Delhi government moved the Supreme Court to challenge the High Court’s decision. Senior Advocate Dr. Abhishek Manu Singhvi, representing the Delhi government, argued that the Centre’s powers were confined to matters under Entries 1, 2, and 18 of the State List (public order, police, and land). Singhvi contended that the High Court had redefined the powers of the central and state governments concerning the health sector.
Singhvi also questioned the High Court’s directive compelling the Delhi government to sign the MoU. He emphasized that while the Government of India would bear 60% of the capital expenditure and the Delhi government 40%, the Centre would not contribute to the running costs. He further argued that the Delhi government’s existing health schemes had a broader reach and better coverage.
On January 17, the Supreme Court issued a notice on the petition and granted a stay on the Delhi High Court’s order. However, following the Delhi Legislative Assembly elections, the BJP won and formed the new government. Subsequently, the new administration filed an application to withdraw the plea from the Supreme Court.
Case Title: GOVERNMENT OF NCT OF DELHI Versus UNION OF INDIA AND ORS., Diary No. 921-2025
