SC On Distribution Of Essential Supplies, In COVID Times

Overview

• The Honorable Supreme Court, taking Suo Moto cognizance of issues related to distribution of essential services and supplies during the pandemic has issued a notice on 22 April, 2021 to the Centre, State governments, Union Territories and the parties who have approached the High Courts to Show-cause that why uniform orders not be passed by the Supreme Court in COVID related issues.

Why

• The Suo Moto action was taken in the case of ‘In Re: Distribution of Essential Supplies and Services During Pandemic’
• This happened after the bench noticed that at least seven High courts have been considering related to supply and services of oxygen, medicine, etc, in COVID related matters.
• The Supreme Court further observed that orders passed by the High Court in such matters may have the effect of prioritizing and accelerating the services to certain group of people while the availability of resources slows down to the other set of groups whether they are regional, local or any other group.

Direction by the Court

• The Honorable Bench consisted of Justice L Nageswara Rao and Justice Ravindra Bhat.
• The Honorable directed a notice to the Union Government, the State Governments/Union Territories and the parties, who appeared to have approached the High Courts to show cause why uniform orders be not passed by this Court in relation to a) Supply of oxygen; b) Supply of essential drugs; c) Method and manner of vaccination; and d) Declaration of lockdown.
• The Court also directed the central government to respond on the following matter:

a) To report on the existence or otherwise and requirement of setting up of a coordinating body that would consider allocation of the above resources in a consultative manner with the involvement of both the concerned states and Union Territories.
b) To consider and declare the essential medicines and medical equipment including the above articles as essential commodities in relation to COVID.
c) To coordinate, in respect of logistical support for inter-State and Intra-State transportation and distribution of the above resources.

• The Court also directed that the distribution of these essential resources should be done in evenly manner according to the advice of the health authorities which undoubtedly take into account relevant factors like severity, susceptibility, and the number of people affected and the local availability of resources.
• The Court also made Senior Counsel Harish Salve as the Amicus Curiae to assist the court in the matter.
• The next hearing will be on 23 April, 2021.

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