Thread by @RURALINDIA

The SC has delivered a 32 page interim order, mainly, on Modi's so called Liberalized Vaccination Policy & held that :
the policy for the persons between 18-44 years is, prima facie, arbitrary and irrational.

This thread is a compilation of SC's observations:

We find that the submissions
urged by the Amici are extremely pertinent and have indicated that in practice, the
Liberalized Vaccination Policy may not be able to yield the desired results of spurring
competitive prices and higher quantities of vaccines.

Whether Central Govt conducted a “means-test” of the demographic of a State/UT to assert that 50% of the population in the 18-44
age group would be able to afford the vaccine. If not, the rationale for pvt hospitals being provided an equal quota for procurement as the State/UT

Prima facie, the only room for negotiation with the two vaccine manufacturers was on price and quantity, both of which have been pre-fixed
by the Central Government. This casts serious doubts on UoI‟s justification for
enabling higher prices as a competitive measure.

Furthermore, the Central
Government justifying its lower prices on account of its ability to place large
purchase orders for vaccines, raises the issue as to why this rationale is not being
employed for acquiring 100% of the monthly CDL doses.

The Union Budget for
F Y 2021-2022 had earmarked Rs 35000 Crs for procuring vaccines
In light of the Liberalized Vaccination Policy, Central Govt is directed to
clarify how these funds have been spent so far and why they cannot be utilized for
vaccinating persons aged 18-44 years

If the Central Govt‟s unique monopolistic buyer position is the only
reason for it receiving vaccines at a much lower rate from manufacturers, it is
important for us to examine the rationality of the existing Liberalized Vaccination
Policy against Article 14 of the Constitution,

since it could place severe burdens,
particularly on States/UTs suffering from financial distress

Given that the R&D cost and IP
hv either been shared between the Central Govt and the pvt
manufacturer (Covaxin) or the manufacturer has not invested in R&D of the vaxx (Covishield)

, the manner in which the pricing of
vaccines has been arrived at, with the Central Govt refusing to intervene statutorily. The justification for intervening in pre-fixing procurement prices and quantities for States/UTs & pvt hospitals, but not imposing
statutory price ceilings.