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Indian Medical Council (Amendment) Ordinance, 2018

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October 01, 2018

Why in news?

The Indian Medical Council (Amendment) Ordinance, 2018 was issued recently, dissolving the Medical Council of India (MCI).

What is the ordinance for?

  • It amends the Indian Medical Council Act, 1956 which set up the MCI that regulates medical education and practice.
  • The Ordinance provides for the supersession of the MCI for a period of one year.
  • In the interim period, the central government will constitute a 7-member Board of Governors (BoG).
  • The powers of the Council have been vested in the BoG led by NITI Aayog Member Dr. V.K. Paul.
  • The BoG will continue to perform till an alternative comes into place as per the legal provisions in one year time.

How did it evolve?

  • Parliamentary Committee - There were some serious concerns with the functioning of the MCI.
  • A 2016 Parliamentary Standing committee report noted that mere incremental alterations to MCI would not give the expected results.
  • Supreme Court - In May 2016, the Supreme Court had set up a three-member oversight committee.
  • With one year tenure, the committee, headed by former Chief Justice of India RM Lodha, was to guide the MCI in its functioning.
  • The Lodha oversight committee, at the end of its term, submitted a report.
  • It detailed how the MCI openly defied the oversight committee’s directives.
  • Despite this, the Centre, instead of scrapping the MCI, in July 2017, proposed setting up a new oversight committee to the SC.
  • In July 2018, this oversight committee members resigned, citing noncompliance of their instructions by the MCI.
  • Bill - The government introduced the National Medical Commission (NMC) Bill, 2017, in the Lok Sabha, in December, 2017.
  • This Bill, to replace the MCI with a National Medical Commission, is pending in Parliament.
  • Given all these, the government is now forced to issue the ordinance.

What next?

  • The BoG is likely to make the much-required reforms in the field of medical education and promote access to quality healthcare.
  • The government must now move urgently on bringing the NMC Bill.
  • There are some concerns with the Bill in its current form despite amendments to accommodate some of them
  • It is essential that the government address these concerns.

 

Source: PRS India, The Hindu, Financial Express

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