The Assam Rural Health Regulatory Authority Act, 2004, which permits diploma holders in medicine and rural health care to treat a few common ailments, perform small duties, and prescribe some drugs, was struck down by the Supreme Court on Tuesday, January 24th.
According to Entry 66 List 1 of the Indian Constitution, the authorization of basic requirements for higher education, the right to recognise an institution, and a few other responsibilities are areas where laws are directed by the parliament rather than the state legislature.
The panel was formed to uphold a Guwahati High Court decision that knocked down the statute. The Supreme Court also stated that the state legislature has the authority to legislate in all other aspects of education save the creation of basic standards and coordination.
As a result, the state legislature does not have the authority to set the minimum degree of medical education, according to the court. The bench held that the Assam Act, which was included in List III, Entry 25, sought the introduction of a new force in the medical school system as well as the regulation of a successful student's profession.
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The statute also allows government officials to create medical institutes. According to Section 10A of the Indian Medical Council Act, the State administration should have informed or obtained approval from the Central government before launching the diploma programme.
As a result, the High Court rules that the Act is invalid because it lacks presidential endorsement. The central question has been whether the Assam Health Regulatory Authority 2004 violates the constitution and the Indian Medical Council Act, 1956.
The Assam Rural Health Regulatory Authority Act of 2004 was enacted in response to a shortage of competent doctors willing to work in rural regions. In order to fill this void, the state introduced this Act in 2004.
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