Opposition to the National Medical Commission (NMC) Bill, which seeks to replace the Medical Council of India as the regulator of medical education in the country, is gaining ground, with not just academics and doctors but also jurists speaking out against it.
Two retired judges of the Madras High Court – Justice K P Sivasubramaniam and Justice A K Rajan – have come out against the provisions of the Bill. At a recent discussion on the issue, Justice Rajan said the Bill that was tabled in Parliament as a Finance Bill, if passed, would have the effect of altering the federal system and the basic structure of the Indian Union. “It will be another step to take India backwards, to the pre-Unitary India. This Bill interferes with the powers of the States and also the powers of the universities relating to admission of students and conduct of examinations in affiliated medical colleges,” he said.
The former judge warned that the conduct of NEET and NEXT (an exit examination), as proposed in the Bill, would be tantamount to the Centre taking complete control of all universities established by States.
‘An onslaught’
In a foreword penned in ‘ Marukapadum Maruthuvam ’ authored by education activist P.B. Prince Gajendra Babu, Justice Sivasubramaniam described the Bill as “an onslaught on the Constitutional framework of distribution of power between the Centre and the State” and an infringement of the basic structure of the Constitution. “The proclaimed object of providing a medical education system for ensuring availability of high quality medical professionals cannot serve as a cloak for denuding the rights of the State,” he said.
He felt the overarching powers the proposed NMC would have over the medical profession and education were inconsistent with the views expressed by the Supreme Court on the limitations of the Centre in determining the standards of higher education.
