By Venkat Raman
In yet another giant leap in the case of medical education, the Supreme Court of India today appointed “an Oversight Committee” headed by its retired Chief Justice, Justice R.M. Lodha and comprising Prof. (Dr.) Shiv Sareen (Director, Institute of Liver and Biliary Sciences) and Shri Vinod Rai (former Comptroller & Auditor General of India) to oversee all statutory functions under the MCI Act.
This means the medical council of India would henceforth come under this committee which would stream line the entire medical education in the country.
A five member Constitution bench of the Indian Apex Court said the committee “needs to be set in place in exercise of powers of this Court under Article 142 of the Constitution to oversee the functioning of the MCI and all other matters considered by the Parliamentary Committee.”
The Bench, comprising Justices A.K.Sikri, Anil R Dave, R.K. Aggrawal, A.K. Goel and R. Banumathi, directed “A Notification with respect to constitution of the said Committee be issued within two weeks from today. The Committee be given all facilities to function. The remuneration of the Members of the Committee may be fixed in consultation with them.”
“The said Committee will have the authority to oversee all statutory functions under the MCI (Medical Council of India) Act. All policy decisions of the MCI will require approval of the Oversight Committee. The Committee will be free to issue appropriate remedial directions. The Committee will function till the Central Government puts in place any other appropriate mechanism after due consideration of the Expert Committee Report.”, the Bench directed implying that parliament may later on bring in appropriate legislation and make it the law for the country for the entire gamut of medical education in India including dental and para-medical and all medicine related education.
The Apex Constitution Bench said “Initially the Committee will function for a period of one year, unless suitable mechanism is brought in place earlier which will substitute the said Committee. We do hope that within the said period the Central Government will come out with an appropriate mechanism” and listed the matter “after one year for such further directions as may become necessary”.
The Bench noted that “Education has become a business world wide” and that the governments can regulate them by bringing in legislation and the power to enact the law of a government cannot be challenged. It negated a challenge to the power of governments to enact law to regulate education.