Explain rationale for differential vaccine pricing: SC to Centre

Top court says can't be mute spectator during national crisis

Terming the massive resurgence of Covid-19 cases a “national crisis”, the Supreme Court on Tuesday said it could not remain a “mute spectator” and made clear that its suo motu proceedings on devising a national policy for Covid management was not meant to supplant high court hearings.

A Bench headed by Justice D Y Chandrachud also took note of the sub- missions of lawyers on differential pricing of Covid vaccines and asked the Centre to apprise it of the

“rationale and basis” behind such pricing.

On the government’s decision to vaccinate all citizens above 18 years, the court sought replies from states by Thursday.

The Bench noted that high courts were in a better position to monitor the pandemic situation within their territorial boundaries, and the apex court was playing a complementary role and its “intervention must be understood in the correct perspective” as there were some matters which transcended regional boundaries.

There is a need for the top court's intervention on certain national issues as there might be matters related to coordination between states, it added.

"We are playing a complementary role. If high courts have any difficulty in dealing with issues due to territorial limitations, we will help,” said the Bench, also comprising Justices L Nageswara Rao and

S Ravindra Bhat.

These observations assume significance as some lawyers had criticised the apex court last Thursday for taking suo motu cognisance of the pandemic's resurgence and issues by saying that high courts be allowed to continue with hearings. day later, a Bench headed by the then CJI S A Bobde, who has retired, had taken a very strong exception to “unfair” criticism by some lawyers for “something which was not part of its order” in the suo motu case related to the framing of a national policy on the pandemic and said “this is how institution is being destroyed”. The Bench on Tuesday also asked the Centre to apprise the top court of the modalities on distribution of oxygen as well as vaccines to the states and the monitoring mechanism.

In the hearing, conducted via videoconferencing, the top court appointed senior counsel Jaideep Gupta and Meenakshi Arora as amicus curiae to assist it in the Covid19 management case, as Harish Salve had sought recusal following some controversial remarks by some lawyers. Last Thursday, the Bench took note of the pandemic situation due to a sudden surge in Covid-19 cases as also in mortality, and said it expected the Centre to come out with a “national plan” to deal with distribution of essential services and supplies, including oxygen and drugs.