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Supreme Court of India 2021-05-31 partly_allowed

IN RE: DISTRIBUTION OF ESSENTIAL SUPPLIES AND SERVICES DURING PANDEMIC

Bench: 3 — Dhananjaya Y Chandrachud, L Nageswara Rao, S Ravindra Bhat

In Brief

The Supreme Court examined India's Liberalized COVID-19 Vaccination Policy, which allocated vaccines differently to the Central Government, States/UTs, and private hospitals, with differential pricing. The Court held that while the executive enjoys wider discretion during public health emergencies, policies must still satisfy constitutional standards of reasonableness and cannot be manifestly arbitrary. The Court found the policy prima facie irrational in burdening States/UTs and individuals aged 18–44 with paid vaccination, departing from prior free, centralized vaccination. The Court also flagged concerns about vaccine accessibility for digitally divided populations and equity in private hospital distribution. The Court directed the Union of India and States/UTs to reconsider policies and provide detailed clarifications on vaccine procurement, pricing justification, logistics, and digital accessibility while assuming dialogic oversight of pandemic response."

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Constitutional Law Public Health COVID-19 Pandemic Vaccination Policy Right to Life Right to Equality Separation of Powers Freedom of Speech and Expression Essential Supplies Oxygen Supply Judicial Review

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