Court Labels Delay as Arbitrary and Violative of Constitutional Rights, Orders Government to Act Within Two Months
In a significant ruling, the Delhi High Court has directed the Union of India to expedite the constitution of the National Nursing and Midwifery Commission (NNMC) under the National Nursing and Midwifery Commission Act, 2023. This directive came following a writ petition filed by the Indian Professional Nurses Association (IPNA), highlighting the government's delay in implementing the statutory framework intended to replace the Indian Nursing Council.
The court, presided over by Justice Dr. Swarana Kanta Sharma, found the delay in establishing the NNMC to be arbitrary, discriminatory, and in violation of Articles 14 and 21 of the Indian Constitution, which ensure equality before the law and protection of life and personal liberty, respectively. The ruling emphasized the necessity of adhering to the statutory provisions and notifications that have been pending since the act came into force in early 2024.
The IPNA, a non-governmental organization dedicated to the professional advancement of nurses in India, argued that despite the statutory framework's enactment and the government's invitation for applications to various NNMC positions, the commission remains unconstituted. This ongoing delay has left the erstwhile Indian Nursing Council in charge, contrary to the legislative intent of establishing a new regulatory framework for nursing and midwifery education and practice.
The court has ordered the government to treat the writ petition as a formal representation and resolve the matter within two months, communicating its decision to the petitioner. The ruling underscores the judiciary's role in ensuring governmental accountability and adherence to legislative mandates, particularly in sectors as crucial as healthcare.
The court's decision offers a pathway for the petitioner to seek further judicial intervention should the government fail to meet the two-month deadline. This judgment highlights the judiciary's proactive stance in addressing administrative delays that hinder statutory objectives, thereby safeguarding the constitutional rights of stakeholders.
Bottom Line :
Delay in the constitution of the National Nursing and Midwifery Commission (NNMC) under the National Nursing and Midwifery Commission Act, 2023, despite statutory provisions and government notifications, is arbitrary and violative of Articles 14 and 21 of the Constitution of India. The Court directs the government to decide on the representation within two months.
Statutory provision(s): National Nursing and Midwifery Commission Act, 2023 Sections 3 and 56, Articles 14 and 21 of the Constitution of India.
