The Supreme Court has issued notice to the Union of India, all state governments and Union Territory administrations on a contempt petition asserting non-compliance with its prior directions concerning the implementation of the National Commission for Allied and Healthcare Professions (NCAHP) Act, 2021.
The Bench of Justice Vikram Nath and Justice Sandeep Mehta passed the order on a petition filed by the Joint Forum of Medical Technologists of India (JFMTI), alleging that the directives issued in a connected public interest litigation mandating the time-bound operationalisation of the NCAHP Act had not been adhered to.
The petitioners contended that the NCAHP Act, enacted in March 2021, was yet not implemented. The connected PIL, filed in 2023, highlighted that despite the Supreme Court’s order in August 2024 mandating that the Union and State governments implement the provisions of the Act by October 12, 2024, and ensure that the institutions envisaged under the legislation became functional, the establishment of the National Commission itself remained incomplete even in 2026.
While issuing notice on the contempt petition, te Apex Court clarified that the personal appearance of the respondent-contemnors would not be required at this stage.
The PIL submitted that the NCAHP Act, which came into force on May 25, 2021, provided for the constitution of State Councils within six months of its enforcement. However, repeated extensions granted by the Central government has delayed the operationalisation of the Act, frustrating its objectives of regulating and standardizing allied and healthcare professions across India.
The plea further contended that the delay raised questions under the principles of effective governance and the Court’s supervisory jurisdiction, as recognised under Article 141 of the Constitution and the jurisprudence established in State of Punjab v. Amritsar Gas Ltd. (1974) and Vineet Narain v. Union of India (1998), concerning compliance with judicial directions and timely implementation of statutory mandates.
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