The Supreme Court on Friday stayed a Delhi High Court order that had directed the AAP government to sign an MoU with the Modi dispensation to implement a central health infrastructure scheme in the national capital.

The development is being seen as a setback for the BJP before the February elections in New Delhi.

A bench of Justice B.R. Gavai and Justice George Masih stayed the December 24, 2024, order passed by the high court on the PM-Ayushman Bharat Health Infrastructure Mission (PM-ABHIM) after the AAP government challenged the directions as unconstitutional and against federal principles.

Appearing for the AAP government, senior advocate Abhishek Manu Singhvi argued that the high court order was highly objectionable as it sought to redefine established constitutional principles vis-à-vis the powers of states under the Constitution.

Singhvi referred to entries 1, 2 and 18 of the Constitution relating to the States List under which the states alone have the power to deal with health-related structures.

He said the Constitution demarcates the powers of the Centre and the states and it is clear that as far as Delhi is concerned, the Centre has jurisdiction on subjects such as police, public order and land.

“The high court has redefined powers for the health sector by requiring me (the AAP government) to sign an MoU with the central government,” Singhvi said.

The senior counsel said that under the MoU ordered by the high court, the government of India would give 60 per cent of the capital expenditure and the Delhi government would have to bear the remaining 40 per cent, besides the regular running costs of the infrastructure facilities sought to be developed under the central scheme.

“How can the high court force me to sign an MoU with the central government?” Singhvi asked.

He submitted that the high court had passed the impugned order despite being informed that Delhi High Court had its own hospital infrastructure development scheme, which had a wider reach than the PM-ABHIM.

After briefly hearing the arguments, Justice Gavai, heading the bench, stayed the high court order.

The high court had passed the order while dealing with a PIL filed in 2017 complaining of a lack of infrastructure facilities in various government hospitals of the national capital, including oxygen cylinders and critical care equipment.

‘Copy’ manifesto

The BJP, in the first part of its Delhi elections manifesto released on Friday, promised a monthly Mahila Samriddhi Yojana dole of ₹2,500, subsidised and free cooking gas for women, ₹21,000 and nutrition kits during pregnancy and an increased pension of ₹3,000 for widows and others who needed support.

The AAP and the Congress, however, called it a copy of the sops they have promised.

Announcing the Sankalp Patra Part I, BJP president J.P. Nadda said: “Women’s respect and empowerment have been the priority of the BJP and respected Prime Minister Shri Narendra Modi. The construction of more than 12 crore toilets under the Swachhata Abhiyan has been an important step towards women’s empowerment. All the schemes of the BJP have been dedicated to women’s empowerment.”

He added that the Ayushman Bharat health insurance scheme that offers a cover of ₹5 lakh — which the AAP government has not implemented saying “its own scheme is better” — would be introduced with additional coverage of ₹5 lakh by the Delhi government.

AAP national convener Arvind Kejriwal said: “Does the Prime Minister agree with this decision? The Prime Minister has repeatedly travelled across the country stating in his speeches at least 100 times that revdis (sops) are not beneficial. He has accused me of distributing revdis, claiming it is detrimental to the nation. Today, however, BJP president J.P. Nadda announced they, too, will offer revdis, just like Arvind Kejriwal.”