The SC: How The Rs 35,000 Crore Set Aside In The Union Budget For Vaccine Procurement Has Been Spent So Far

Courts Observation

• The Supreme Court has asked the government to explain how the Rs 35,000 crore set aside in the Union Budget for vaccine procurement has been spent so far.
• It further questioned why these funds could not be utilized to provide free vaccinations to people aged 18 to 44.
• The judges raised concerns about vaccine pricing competition, saying, "The justification for this policy has been adduced in a bid to spur competition, which would attract more private makers, which could eventually drive down prices." Prima Facie, the only room for negotiation with the two vaccine makers was over price and quantity, both of which had been pre-determined by the Central Government.
• The Central Government's justification for lower vaccination prices based on its ability to place large purchase orders raises the question of why this rationale is not used to acquire 100% of the monthly CDL doses.
• The bench also criticized the Centre's decisions on liberalized vaccination policy, differential pricing of vaccines for the Centre, states, and private hospitals, the basis for such a norm, and mandatory registration on the Co-WIN portal to book jab slots, citing the "huge digital divide" between rural and urban India.
• The Supreme Court has urged the Centre to clarify its position on the timeline for vaccine availability till December 31, 2021, as well as preparations for children's specific needs in the event of a third wave, immunization trials, and regulatory approval, and compatible medications.

The court on Center's purchasing history

• The bench also demanded the whole purchase history of all COVID-19 vaccines – Covaxin, Covishield, and Sputnik V – by the Centre up to this point.
• The Court said, “The data should clarify:
• (a) the dates of all Central Government procurement orders for all three vaccines;

(b) the number of vaccines ordered as of each date;
(c) the projected date of supply; and an outline for how and
(d) when the Central Government seeks to vaccinate the remaining population in phases 1, 2, and 3,”

• The Supreme Court has asked for information on the efforts being taken by the government to ensure that medication to treat mucormycosis, popularly known as black fungus infection, is available.
• The Centre was told that its affidavit should address each of the issues raised in the order separately.

Court’s Right to Conduct Judicial Review

• The bench dismissed the Centre's argument that the judiciary should not be involved in policymaking, saying it is trite to say that separation of powers is a fundamental feature of the constitution and that policymaking remains solely in the hands of the executive.

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