Supreme Court order and The Attorney Journal was grilled every day before they ordered the government, as summarized by Peri Maheshwer:
1. The SC settles that #vaccination is a central government responsibility: "Thus, the management of the pandemic, control of the spread of COVID-19, vaccination policy and pricing, are the responsibility of the Central Government," which must work with State Govts
2. The quota of 25% to States, the SC says, "is extremely disproportionate and not in touch with societal realities". So the "quota available to the private hospitals must be reduced"
3. SC on critical issue around differential pricing: "The only room for negotiation with the manufacturers was on price and quantity, both of which have been pre-fixed. This casts serious doubts on UoI's justification for enabling higher prices as a competitive measure."
4. "Furthermore, the Central Government justifying its lower prices on account of its ability to place large purchase orders for vaccines, raises the issue as to why this rationale is not being employed for acquiring 100% of the monthly CDL doses."
5. "The Union Budget for Financial Year 2021-2022 earmarked Rs 35000 crores for procuring vaccines...the Central Government is directed to clarify how these funds have been spent so far and why they cannot be utilized for vaccinating persons aged 18-44 years."
6. And here is the nub as the SC cites Article 14 of the Constitution. What Article 14 says: "“The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
7. Therefore, SC says: "it is important for us to examine the rationality of the existing Liberalized Vaccination Policy against Article 14 of the Constitution, since it could place severe burdens, particularly on States suffering from financial distress."
8. On the use of CoWin App, SC cites various reports on internet availability. Here is one stat in the order: " approximately 13,000 Gram Panchayats in India do not have a Common Service Centres".
He took credit of states successes. He blamed states for his failure. He made an SC order look like govt. policy. He was in hiding when people were dying, And emerged once the pandemic abated.
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