Summary
In its 31 May 2021 pandemic-monitoring order, the Court required a fresh review of the liberalized vaccination policy and detailed disclosures on procurement, differential pricing, distribution, logistics and digital access. It considered the shift from centrally funded vaccination for earlier priority groups to paid channels for adults aged 18–44 prima facie arbitrary and irrational. The Union and States were directed to file affidavits within two weeks; the order continued constitutional scrutiny rather than finally determining all policy questions.
Issues
- Whether separation of powers excludes constitutional review of pandemic policy.
- Whether differential vaccine procurement, pricing and access for adults aged 18–44 required justification and reconsideration.
- What disclosures and accessibility measures should be addressed in the continuing proceedings.
Provisions considered
- Articles 14 and 21, Constitution of IndiaApplied equality, reasonableness and protection of life and health to continuing scrutiny of vaccine allocation, pricing and digital-access barriers. (¶¶ 14, 16, 17, 20, 31, 39)
Held
- Executive expertise and its policy-making role do not exclude judicial review. The Court adopted a deliberative approach seeking constitutional justification, without choosing between competing efficacious policies itself. (¶¶ 14, 15, 16, 17)
- Although earlier prioritization of healthcare and frontline workers and those over 45 was explained, the changed burden on those aged 18–44 was prima facie arbitrary and irrational in light of the second wave. The Union was directed to review the policy and explain availability, procurement and allocation arrangements. (¶¶ 20, 21, 22, 23, 24)
- Equal procurement quotas for States and private hospitals, price differentials, use of public funding and vaccine-production support required explanations. The Court sought clarification rather than excluding private hospitals or itself fixing vaccine prices. (¶¶ 25, 26, 27, 28, 30, 31, 32, 33)
- Exclusive reliance on digital booking risked excluding marginalized people and impairing equality and health. The Union was required to address alternatives for registration, regional languages, disability access and identified CoWIN barriers. (¶¶ 35, 36, 37, 38, 39, 40)
- The Union must respond individually to the questions, disclose vaccination and purchase data, the remaining vaccination roadmap and mucormycosis-drug steps, and annex relevant policy documents and file notings within two weeks. States and Union Territories must separately confirm or deny free vaccination and produce their policies within that period. (¶¶ 41, 42, 43)
Result
Continuing proceedings: fresh policy review and detailed Union, State and Union Territory affidavits directed within two weeks. Other pandemic issues retained for monitoring; no final blanket invalidation of the vaccination policy.