BAHARUL ISLAM & ORS. versus INDIAN MEDICAL ASSOCIATION AND ORS.
[2023] 9 S.C.R. 917, Supreme Court of India, 2023
Outcome: Unknown
Segment: Ratio
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1018
SUPREME COURT REPORTS
[2023] 9 S.C.R.
Act, namely, the Assam Rural Health Regulatory Authority
Act, 2004, is declared to be null and void, in view of the
Assam Legislature not having the legislative competence
to enact the said Law.
(iv)
Consequently, the subsequent legislation, namely, the Assam
Act of 2015 i.e., the Assam Community Professionals
(Registration and Competency) Act, 2015, enacted pursuant
to the judgment of the Gauhati High Court, is a valid piece
of Legislation as it has removed the basis of the impugned
judgment passed by the Gauhati 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 Act, 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.
26. In the result, the Civil Appeals arising out of SLP(C) Nos.
32592-32593 of 2015 as well as TC (C) No. 24 of 2018 and TC (C) No.
25 of 2018 stand
dismissed. Pending application(s), if any, shall stand
disposed of.
27. Parties to bear their respective costs.
Bibhuti Bhushan Bose
Appeals and Transferred cases dismissed.
(Assisted by : Mrigank Pathak and
Rahul Rathi, LCRA)