Cabinet approves Indian Medical Council (Amendment) Bill, 2019

Reforms in Medical Education gather momentum

Bill to be introduced in the ensuing Parliament Session

Reforms in the field of Medical education so as to give a push to the goal of a quality health coverage to the citizens of India has been one of the major pillars of the NDA Government led by Prime Minister Narendra Modi.

Keeping the spirit alive and to fulfil yet another promise of the Government, the Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, has approved theIndian Medical Council (Amendment) Bill, 2019 to replace the Indian Medical Council (Amendment) Second Ordinance, 2019 through an Act of Parliament.  The Bill will be introduced in the ensuing session of the Parliament.

The move will ensure transparency, accountability and quality in the governance of medical education in the country.

Impact:

• The New Bill provides for supersession of MCI for a period of two years w.e.f. 26.09.2018.
• During this period, the Board of Governors shall exercise the powers and functions of MCI as assigned under the IMC Act, 1956.
• The number of members in the Board of Governors will be increased from existing 7 to 12.

Background:

The Ministry of Health and Family Welfare had come across certain arbitrary action by MCI in disregard to the provisions of the IMC Act, 1956 and regulations made thereunder. Further, the Oversight Committee constituted by the Hon'ble Supreme Court to oversee the functioning of MCI had also cited instances of non-compliance of their instructions and subsequently, all members of the Oversight Committee tendered their resignation.

In view of these developments, and to put an alternative mechanism in place of MCI so as to bring transparency, accountability and quality in the governance of medical education in the country, it was decided to supersede the MCI through the Indian Medical Council (Amendment) Ordinance, 2018 promulgated on 26.09.2018 and entrust its affairs to a Board of Governors (BoG) consisting of eminent doctors. The BoG was constituted under the Chairmanship of Dr. V.K. Paul, Member NITI Aayog and comprising six other members.

Legislative Process:

Subsequently, a replacement Bill of the said Ordinance namely, the Indian Medical Council (Amendment) Bill, 2018 was introduced in the Lok Sabha on the 14th December, 2018 and passed on 31st December, 2018 by the House. However, despite all efforts, during the winter session 2018 of Parliament the Bill could not be taken up for consideration and passing in the Rajya Sabha and the House has been adjourned sine die on Wednesday, the 9th January, 2019. Accordingly, it was decided to promulgate a fresh Ordinance namely the Indian Medical Council (Amendment) Ordinance, 2019 to allow the BoG appointed in supersession of MCI to continue to exercise the powers of MCI and that of Central Government so that the work already done by the Board of Governors as per the provisions of earlier Ordinance is validated and may continue.

The replacement Bill of the Ordinance i.e. the Indian Medical Council (Amendment) Bill, 2018 as passed by the Lok Sabha could not be taken up for consideration and passing in Rajya Sabha during the Budget Session - 2019 of the Parliament, the Indian Medical Council (Amendment) Second Ordinance, 2019 was promulgated on 21.02.2019.

The replacement Bill i.e. the Indian. Medical Council (Amendment) Bill, 2018 pending in the Parliament has lapsed on dissolution of the 16th Lok Sabha. Accordingly, the Cabinet has approved the proposal to bring forward a fresh Bill i.e. the Indian Medical Council (Amendment) Bill, 2019 in the ensuing session of the Parliament to replace the Indian Medical Council (Amendment) Second Ordinance, 2019 through an Act of Parliament.