Why not free vax for everyone: SC

Says policy is irrational, asks for purchase data

The Supreme Court on Wednesday slammed the Centre for asking it to keep its hands off the Covid vaccination policy and termed the government’s decision to provide free vaccination to 45-plus, health care and frontline workers in Phase I, but in Phase II allowing private hospitals to charge those in 18-45 group as “irrational” and “arbitrary”.

In a stern order, the top court asked the Centre to furnish details of the purchase of all vaccines — Covaxin, Covishield and Sputnik V — till date, including “file notings reflecting its thinking and culminating in the vaccination policy”, dates of all procurement orders placed and the quantity of vaccines procured. It also asked the Centre to “place on record a roadmap of projected availability of vaccines till 31 December 2021”.

Saying that the issue of vaccination is absolutely essential and is the “singular most important task” for the government, the top court asked the Centre to furnish the complete vaccine purchase data within two weeks’ time. The top court also sought data on the percentage of population that has been vaccinated (with one dose and both doses), as against eligible persons in the first three phases of the vaccination drive.

“Policy of Centre for conducting free vaccination for groups under first two phases and replacing it with paid vaccination by states/UTs and private hospitals for persons in 1844 years age group is prima facie arbitrary, irrational,” said a special bench of Justices D.Y. Chandrachud, L.N. Rao and S. Ravindra Bhat hearing a suo motu case on Covid-19 management.

Referring to the Union Budget for 2021-22 which earmarked `35,000 crore for procuring vaccines, the court also asked Centre to clarify “how these funds have been spent so far and why these funds cannot be utilised for vaccinating all (free of cost) in the 18-44 group”.

The top court objected to the Centre’s affidavit claiming that “any over-zealous judicial intervention, though well-meaning, in the absence of expert advice may lead to unintended circumstances where the executive is left with little room to explore innovative solutions.”

Justice D.Y. Chandrachud asserted that “the separation of power does not result in courts lacking jurisdiction in conducting a judicial review of policies.”