Judgment of the Supreme Court regarding Assam Community Professionals (Registration and Competency) Act, 2015, 24/01/2023

  • 24/01/2023

Judgment of the Supreme Court of India in the matter of Baharul Islam & Others Vs The Indian Medical Association & Others dated 24/01/2023. The Supreme Court said the Assam Act of 2015 (Assam Community Professionals (Registration and Competency) Act, 2015) is valid.

The 2015 Act is not in conflict with the IMC Act, 1956 and the rules and regulations made thereunder. The Act of 2015 is within the "legislative competence of the state legislature under the Seventh Schedule of the Constitution," read the 139 page judgment of the Supreme Court passed by the bench of Justice B R Gavai and Justice B V Nagarathna.

The Central Act - IMC Act 1956 does not deal with community health professionals who would practise as allopathic practitioners in the manner as they were permitted to practise under the Assam Act, in rural areas of Assam. And by a seprate legislation the community health professionals have been permitted to practise as such professionals, the SC said.