Basic Structure Doctrine of the Constitution-Centre Given Go by SC Replace MCI Oversight Committee (Download PDF)

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Supreme Court allowed Union Government to replace the oversight committee set up to supervise the functioning of the Medical Council of India (MCI) with a panel of five eminent doctors. Government was also given liberty to replace any doctor.

Image of Basic Structure Doctrine

Image of Basic Structure Doctrine

Image of Basic Structure Doctrine

Background

Supreme Court using its rare and extraordinary powers under the Article 142 of the Constitution set up oversight committee court led by former Chief Justice of India R. M. Lodha in May 2016 to oversee the MCI’s functioning for a period of one year or till a suitable mechanism was brought in by the Government.

Basic Structure Doctrine (Article 32, 136, 141, 142) of the Constitution

  • Article 141 stipulates that the decision of the Supreme Court would be binding upon other courts in India. However, decision of SC is not binding for itself by overturning the decision by a bench consisting of more judges.
  • Article 142, is of inherent power nature. It stipulates that SC have all power to do complete justice. Curative petition, owe its origin to this article, as decided in ashok hurra vs Rupa hurra case. It provides that despite lack of legal protection, the SC can take decisions to do complete justice (for example to save lives).
  • Article 136, stipulates for special leave petition. Meaning, any person aggrieved of any violation may without any restriction (whether the case is pending in some court, decided or whatever) can approach Supreme Court under SLP. In addition, if SC finds substance in the SLP then it can hear and dispose the case.
  • Article 32, is a fundamental right to approach SC for violation of Fundamental right. SC can then give directions to complete justice.

Complete Justice

  • The SC has power to do complete justice even if specific provisions not under bounds of Constitution.
  • Inherent power to save the people of India from grave injustice within the limits of the constitution.
  • Articles “ubi jus ibi remedium, ” – where there is violation of right there is a remedy.
  • Articles provide independence of judiciary

About Medical Council of India (MCI)

  • Established in 1934 under the Indian Medical Council Act, 1933 (now repealed)
  • With increase in number of medical colleges in 1956, the old Act was repealed.

Purpose of MCI

  • Recognition of medical qualifications in India and abroad
  • Maintenance of uniform standards of medical education, both undergraduate and postgraduate.
  • Recommendation for recognition/de-recognition of medical qualifications of medical institutions of India or foreign countries.
  • Permanent registration/provisional registration of doctors with recognized medical qualifications.
  • Reciprocity with foreign countries in the matter of mutual recognition of medical qualifications.

- Published/Last Modified on: August 5, 2017

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