COVID-19: The High Court has no power to declare a Medical Emergency in India – Judges

Chennai: The High Court has no jurisdiction to declare a medical emergency in India. Federal and state governments have closed the case, saying they are taking appropriate action to prevent the spread of the second wave of corona.

Corona spread is increasing across the country. As the number of patients in Tamil Nadu is increasing, patients are flocking to hospitals in many cities including Chennai, Madurai and Trichy. Ambulances are waiting for hours at the hospital entrance as the beds in many hospitals are overcrowded.

In this context, KK Ramesh from Madurai filed a petition in the High Court, saying, “The 2nd wave of corona is spreading rapidly in India. Corona patients are increasingly dying due to shortage of drugs and oxygen due to increasing number of corona patients in government hospitals.” Oxygen companies are more privately owned so they sell more expensive. This has resulted in poor ordinary people suffering from lack of oxygen. Thus only by declaring a medical emergency in India and bringing all the private and state-owned oxygen companies in India, the pharmaceutical companies and the hospitals under the control of the central government and taking action on a wartime basis can the people be saved from corona infection.


Therefore, the Central Government should be ordered to declare a medical emergency in India. ”The petition came up for hearing today before Chief Justice Sanjeeb Banerjee and Justice Senthilkumar Ramamurthy. The then Chief Justice said that the High Court did not have the power to declare a medical emergency in India. They concluded that the federal and state governments were taking appropriate action to prevent the spread of the second wave of corona.