BAHARUL ISLAM & ORS. versus INDIAN MEDICAL ASSOCIATION AND ORS.

Citation: [2023] 9 S.C.R. 917 · Decided: 24-01-2023 · Supreme Court of India · Bench: BHUSHAN RAMKRISHNA GAVAI

Cited by 1 judgment(s) · cites 22 · see the full citation network in Lexace

Judgment (excerpt)

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BAHARUL ISLAM & ORS.
v.
THE INDIAN MEDICAL ASSOCIATION AND ORS.
(Civil Appeal Nos. 502-503 of 2023)
JANUARY 24, 2023
[B. R. GAVAI AND B. V. NAGARATHNA, JJ.]
Assam Rural Health Regulatory Authority Act, 2004 –
Constitutionality of – Legislative Competency of the State – Assam
State legislature enacted the Assam Rural Health Regulatory
Authority Act, 2004 – Said Act provides for the establishment of a
regulatory authority to register the Diploma holders and to regulate
their practice – State Act in conflict with Central Act (Indian Medical
Council Act, 1956) – Writ Petition challenging the Constitutionality
of the Act – High Court allowed the Writ petition by holding that the
Act, 2004 was unconstitutional as the State Act was in conflict with
the Central Act – High Court observed that the power and scope of
the State to legislate under Entry 25 of List III of the Seventh
Schedule is very limited and is only in respect of a field unoccupied
by a Central Act – Held: Prescription of minimum standards for
medical education, authority to recognise or de-recognise an
institution etc., are areas over which exclusive legislative competence
lies with the Parliament, under Entry 66 of List I – The State
Legislatures, on the other hand, under Entry 25 of List III, possess
legislative competence to legislate with respect to all other aspects
of education, except determination of minimum standards and co-
ordination – In view of the Indian Medical Council Act, 1956 and
the Rules and Regulations made thereunder, the Assam Rural Health
Regulatory Authority Act, 2004, declared to be null and void as
State Legislature not having the legislative competence to enact the
said Law – The State Legislature has no legislative competence to
enact a law which is in conflict with the law setting the standards of
medical education in the context of modern medicine or allopathic
medicine, which has been determined by Parliamentary Legislation
as well as the Rules – Constitution of India – Seventh Schedule –
List I, Entry 66 and List III, Entry 25.
[2023] 9 S.C.R. 917 : 2023 INSC 81
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SUPREME COURT REPORTS
[2023] 9 S.C.R.
Assam Community Professionals (Registration and
Competency) Act, 2015 – Constitutionality of – Power of Legislature
– To overrule a Judicial Decision – High Court vide the impugned
order allowed Writ petition holding that the Assam Rural Health
Regulatory Authority Act, 2004 enacted by the State legislature was
unconstitutional as the Act was in conflict with the Central Act
(Indian Medical Council Act, 1956) and State Legislature not having
the legislative competence to enact the said Law – Meanwhile, the
State passed the Assam Community Professionals (Registration and
Competency) Act, 2015 – Held: The Legislature cannot directly
overrule a judicial decision – But when a competent Legislature
retrospectively removes the substratum or foundation of a judgment
to make the decision ineffective, the said exercise is a valid
legislative exercise provided it does not transgress on any other
constitutional limitation – The power of the sovereign legislature to
legislate within its field, both prospectively and retrospectively
cannot be questioned – It would be permissible for the legislature
to remove a defect in earlier legislation pointed out by a constitutional
court in exercise of its powers by way of judicial review – The Assam
Community Professionals (Registration and Competency) Act, 2015,
enacted pursuant to the judgment of the High Court, is a valid piece
of Legislation as it removed the basis of the impugned judgment
passed by the High Court – The 2015 Act is also not in conflict with
the IMC, Act, 1956 – This is because the Central Act namely, IMC,
Act, 1956 does not deal with Community Health Professionals who
would practise as allopathic practitioners in the manner as they
were permitted to practise under the Assam Rural Health Regulatory
Authority Act, 2004, in rural areas of the State of Assam – Hence,
by a separate legislation the Community Health Professionals have
been permitted to practise as such professionals – The said
legislation of 2015 is not in conflict with IMC, Act, 1956 and the
rules and regulations made thereunder – Hence, the Act of 2015 is
not hit by Entry 66 of List I of the Constitution and is within the
legislative competence of the State Legislature under the Seventh
Schedule of the Constitution.
Constitution of India: Seventh Schedule – Art. 245, 246 &
254 –

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