Madras High Court asks TN government to revamp archaic Madras Medical Council Registration Act of 1914

The Madras High Court Tuesday directed the Tamil Nadu government to revamp within three months, the "archaic" Madras Medical Council Registration Act of 1914 [Dr P Balakrishnan v The Tamil Nadu Medical Council and 2 others]. .Justice R Subramanian directed the State government to revise the enactment and the Rules framed under the Act within three months and deferred the proposed Tamil Nadu Medical Council (TNMC) elections until the new Rules are framed.The bench was hearing a bunch of petitions filed by some practicing doctors and medical professionals seeking several reliefs including free and fair elections and an option for online voting in the 2023 elections to TNMC. The petitioners expressed apprehension that the proposed elections will not be conducted in a fair and transparent manner. They pointed out that TNMC still relied on the postal ballot system wherein the council send ballot papers to the addresses of registered medical practitioners and they in turn fill it up and send it to the Returning Officer. Such practice, the petitioners said, was arbitrary and susceptible to foul play. .Some of the petitioners also alleged that the incumbent registrar of TNMC, Dr. R Shanmugam, had been appointed in breach of prescribed norms.During the hearing on Tuesday, it was pointed out that the TNMC still relies upon the Madras Medical Council Registration Act of 1914 to conduct its elections and appoint office bearers to the Council..Section 5(1)A of the 1914 Act, the court noted, requires that the Medical Council for the state of Tamil Nadu have 15 members. The Act further requires that one of such members must be elected by the Senate of the Madras Medical University, one by the Senate of the Andhra University, and one by a practicing doctor from the Vishakapatnam Medical College. The Court realised that the Act referred to Andhra University and Vishakapatnam because it was meant for the Madras Presidency and was formulated prior to the linguistic division of states in India. Justice Subramanian then said that the Act was archaic and asked how the State could continue adhering to such enactment and its Rules. The TNMC said that this was the only Act in place to govern the Council's elections. Advocate General R Shunmugasundaram told the court that the law was indeed archaic and the State government was willing to take a relook at it..The bench then said that the State government must conduct such exercise within three months. "How can you conduct elections with such archaic rules? This was for the Madras Presidency. Change the rules and then conduct the elections. Get a list of doctors practicing in Tamil Nadu and not the Madras presidency. You reframe the rules. They need a complete revamp," the high court said. The Advocate General said that a revamp will need an amendment to the existing Act and that the State was willing to conduct such exercise of complete revamping of the rules as well as the enactment within three months. The court accepted the State's submissions. "Efforts should be made to update the rules and the election procedure to include e-voting or online voting also if feasible," the Court said. It added, however, that the Court's order will not impede the functioning of the current office bearers. "Let them continue till such time that the government frames the Rules," the Court said. The bench also directed the government to invite suggestions from practicing professionals and other stakeholders and implement them. Advocate General R Shunmugasundaram appeared for the state government.Senior counsel P Wilson appeared for the TNMC.Senior counsel ARL Sundaresan and advocate Suhirth Parthasastry appeared for the petitioners.