How far can constitutional courts venture into executive domain of COVID-19 management? Supreme Court Division Bench to examine

The Supreme Court on Wednesday stated that it would examine how far constitutional courts can venture into issues which fall within executive domain in relation to COVID-19 management..A Bench of Justices Vineet Saran and Dinesh Maheshwari was hearing an appeal by Uttar Pradesh government against an order of the Allahabad High Court directing the State to ramp up medical facilities to tackle COVID crisis. "What we want to lay down is how far can constitutional court venture into an issue like this. How many ambulances are there, how many oxygen beds are there. We don't want to comment on that. Its not that you cannot give suggestions but how can you ask local companies to take vaccine formula and manufacture it? How can such directions be given?," said Justice Saran on Wednesday. .The Supreme Court had earlier directed that the directions of contained in High Court be treated as mere suggestions..Solicitor General Tushar Mehta informed the bench on Wednesday that Acting Chief Justice of Allahabad High Court is currently hearing the matter.Upon being so informed, the apex court allowed the High Court to proceed on the issue. However, no formal orders to set aside the May 17 order was passed by the top court since it had already earlier directed that High Court order be treated only as suggestions. Interestingly, these remarks by the Bench came even as a three-judge Bench of the top court is itself seized of a suo motu case related to COVID and had passed a slew of directions in relation to Central government's vaccine policy as well as Oxygen management by Centre and States.The top court's intervention had even prompted the Centre to change its vaccine policy. .The Allahabad High Court, in its May 17 order, had taken a dim view of the state of affairs prevailing in Uttar Pradesh with respect to the medical facilities and medical system in the State. It had likened the condition to "Ram Bharose" (in the hands of God) and had issued a slew of directions to the State. .Senior Advocate Nidhesh Gupta, Amicus Curiae in the case, urged the top court on Wednesday to ensure that UP government fulfills all that has been stated in its affidavit before the third wave comes since it is a "lull before the storm"..However, the Supreme Court made it clear that it wishes to lay down if at all constitutional courts can enter this area of COVID-19 preparedness. .Justice Saran observed whether it would at all be needed for High Court to tread on this arena. "We have to examine that. The objective was in fairness to everybody so sufferance is minimum but we have to respect the demarcation. How far was Ram Bharose comment justified," the Court said. .[BREAKING] State of affairs of medical facilities in Uttar Pradesh villages, small towns "Ram Bharose": Allahabad High Court in COVID case.Justice Dinesh Maheshwari also weighed in stating that a court may have 110 suggestions but asked whether all of it can it be part of a court order. ."Whether at all it is area where courts should venture into? Even if practical, the question is earmarked for executive and when these are times of crisis where everybody has to proceed cautiously and take note of what is to be done by whom. If there are boundaries and parameters for every organ to work then how does that happen, you have to assist on that Mr Gupta (Amicus Curiae)," said Justice Maheshwari. .The matter will now be heard on August 12, 2021. .The State of Uttar Pradesh in its affidavit informed the Supreme Court that it has a total of 2,200 basic life support ambulances in addition to 250 advanced life support ambulances.In its latest affidavit submitted before the Supreme Court, the State submitted that it has 289 identified community health centres with two bypass machines for each. The affidavit further stated that 298 oxygen centres have been provided by the Central government and another 20,000 such concentrators are being purchased..Uttar Pradesh has 2,200 basic life support ambulances, plans to establish paediatric ICUs with 10-15 beds: State tells Supreme Court.[READ LIVE THREAD].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.