The Delhi High Court has directed the Union Government to take a decision within two months on a representation seeking the constitution of the National Nursing and Midwifery Commission, envisaged under the National Nursing and Midwifery Commission Act.
The petition raised concerns over the continued non-constitution of the statutory body despite the legislative framework having been put in place to reform and regulate nursing and midwifery education and professional standards in the country.
The petition was filed by the Indian Professional Nurses Association (IPNA), which contended that although the National Nursing and Midwifery Commission Act, 2023 and the rules framed thereunder had come into force, the statutory Commission was yet to be constituted. The association pointed out that the Centre had invited applications for appointments to the Commission and its boards in March 2024, but the process had not culminated in the appointment of members.
Justice Swarana Kanta Sharma disposed of the writ petition by directing the competent authorities to treat the petition as a representation and take an appropriate decision on the issues raised within a period of two months. The decision, once taken, is to be communicated to the petitioner.
The Court, however, did not enter into the merits of the allegations concerning the delay in operationalising the statutory framework. Instead, it adopted a time-bound approach, leaving it to the Central Government to examine the representation and take a reasoned decision in accordance with law. The petitioner was also granted liberty to pursue appropriate remedies, including approaching the Court afresh, should it remain aggrieved by the eventual decision.
The plea had highlighted the prolonged hiatus between the enactment and operationalisation of the new regulatory regime. According to IPNA, an RTI response dated July 7, 2026, indicated that no appointments to the National Nursing and Midwifery Commission had been made by that date. The association argued that the continued delay had prevented the full transition to the institutional architecture contemplated under the 2023 legislation.
The National Nursing and Midwifery Commission Act, 2023 was enacted to usher in a new regulatory framework governing nursing and midwifery education, training and professional practice, replacing the earlier Indian Nursing Council regime with a commission-based structure. The petitioner’s grievance was that the legislative intent behind the reform would remain substantially unimplemented until the Commission and its statutory mechanism were formally put in place.
By prescribing a definitive two-month window for consideration of the representation, the Delhi High Court has ensured that the issue of constituting the Commission is no longer left in administrative limbo. The order, while stopping short of issuing a direct mandamus for the immediate constitution of the body, places the onus on the Centre to take a formal and time-bound decision on a matter concerning the future regulatory architecture of India’s nursing and midwifery professions.
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