Thread by @arulscaria

Good to see the observations of the Supreme Court in the #suomoto petition on #Covid19 crisis in #India. Certain key aspects of the order released today: 1/n

The court clearly understands that there are limits for judicial intervention on policy matters. But at the same time, the court clearly indicates that there are also circumstances wherein it should intervene as a constitutional court. 2/n

The policy of Central Government wherein it
is conducting free vaccination for those above 45 years and insisting on paid vaccination by the State/UT Governments and private hospitals for persons between 18-44 years is prima facie arbitrary and irrational. 3/n

The court has observed that the liberalized vaccination policy may not be able to yield the desired results of promoting competitive prices and higher quantities of vaccines 4/n

The court highlighted several challenges associated with the 25% distribution of vaccines through private hospitals. It has also directed the government to provide certain important clarifications to address some of the challenges it flagged. 5/n

The court has asked the government to provide the details of the money spent on vaccination so far. The government will also have to provide clarification on why it cannot use a part of Rs 35000 cr allocated in the budget for vaccination, for covering 18-44 yr also. 6/n

The court has also pointed out that irrespective of whether the central government or the states procures the vaccines, it is all about public money! Why not take the advantage of central govt as a monpolistic buyer and pass down the benefits to everyone. 7/n

Most importantly (at least for me as an academic working in the area of #IP), the court has rightly questioned the frequently heard incentive/ investment arguments of BharatBiotech and SII. 8/n #vaccines #India

The court rightly points out that in the case of #covaxin, Government had also invested in R&D; in the case of #covishield, there was no R&D investment from the side of #SII. So the court has sought some important clarifications on why no price ceilings are used. 9/n #IP #India

Court also highlights the #digitaldivide in #India with the help of relevant statistics. Court has sought certain important changes in the policy, which includes the possibilities of walk-in registrations without #CoWIN registrations, in at at least some of the centres 10/n

Finally, it's also interesting to notice that the court has asked the government to not just share the relevant documents relating to the liberalised vaccination policy, but also the file notings regarding the same to understand the rationale behind the policy choices 11/n

Overall, a very balanced and pragmatic order within the boundaries of the powers vested in a constitutional court. Hope the Central Government will use this as an opportunity to revisit the current vaccination policy and adopt a universal free vaccination policy in #India. 12/12.