- (1.) This order has been divided into the following sections to facilitate analysis: A. Introduction B. Submission by Counsel C. National Vaccination Policy D. Separation of Powers E. Issues with the Liberalized Vaccination Policy E.1 Vaccine Procurement and Distribution among Different Categories of the Population E.2 Effects of Vaccination by Private Hospitals under the Liberalized Vaccination Policy E.3 Basis and Impact of Differential Pricing E.4 Vaccine Logistics E.5 Digital Divide F. Conclusion A. Introduction 1. Proceedings in the present suo motu writ petition were initiated on 22 April 2021, when this Court took cognizance of the management of the COVID-19 pandemic during the second wave. Subsequently, hearings were conducted on 23 April 2021, 27 April 2021 and 30 April 2021 when submissions were heard on behalf of the Union of India[1], States/Union Territories[2], learned Amici appointed by this Court and some of the intervenors. [1] "UoI"/interchangeably referred to as the "Central Government" [2] "UTs"
(2.) On 30 April 2021, this Court passed a detailed order in relation, inter alia, to the following issues: vaccination policy, supply of essential drugs, supply of medical oxygen, medical infrastructure, augmentation of healthcare workforce and the issues faced by them, and issues of freedom of speech and expression during the COVID-19 pandemic. In its order, this Court had noted that its observations and directions were in consonance with a bounded-deliberative approach[3] and hence, the UoI was directed to re-consider its policies on the above issues, taking into account this Court's observations. [3] Sandra Fredman, "Adjudication as Accountability: A Deliberative Approach" in Nicholas Bamforth and Peter Leyland (eds), Accountability in the Contemporary Constitution (Oxford University Press, 2013)
(3.) Following the order dated 30 April 2021, another two judge Bench of this Court heard a Special Leave Petition[4] against an order of the High Court of Delhi in relation to the supply of medical oxygen to the National Capital Territory[5] of Delhi. During the course of the proceedings in that matter, the Bench primarily issued directions in relation to the supply of medical oxygen to the NCT of Delhi. However, through its order dated 6 May 2021, it also constituted a National Task Force to provide a public heath response to the COVID-19 pandemic on the basis of a scientific approach. The terms of reference of this National Task Force included, inter alia, assessing and making recommendations for the need, availability and distribution of medical oxygen; devising a methodology for allocation of medical oxygen and periodical review of the allocation based on the stage of the pandemic; providing recommendations for augmenting the supplies of oxygen; facilitating audits in each State/UT to determine whether oxygen supplies had reached its destination; efficacy, transparency and efficiency of the distribution networks within the State/UT; providing recommendations for ensuring availability of essential drugs, augmentation of medical and paramedical staff, management of the pandemic and treatment of cases. [4] Union of India vs Rakesh Malhotra and another, SLP (Civil) (Diary) No 11622 of 2021 [5] "NCT" ;