Supreme Court seeks compliance affidavits on Allied Healthcare Professions Act implementation
Supreme Court of India
New Delhi: The Supreme Court has directed the National Commission for Allied and Healthcare Professions (NCAHP), the State governments and the Union Territories to file compliance affidavits detailing the steps taken to implement the provisions of the National Commission for Allied and Healthcare Professions Act, 2021.
The proceedings stem from a writ petition filed under Article 32 of the Constitution seeking directions to ensure the effective implementation of the Act, which aims to regulate the education, training, and professional standards of allied and healthcare professionals across India.
A Bench of Justice Vikram Nath and Justice Sandeep Mehta passed the direction while hearing a writ petition filed by the Joint Forum of Medical Technologists of India (JFMTI) and other petitioners seeking effective implementation of the Act.
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The court noted that the Act was enacted by Parliament on 24 March 2021 and was notified in the Gazette of India on 28 March 2021. It came into force on 25 May 2021 with the objective of creating a structured regulatory system for allied healthcare professions and preventing the growth of unregulated educational institutions and bodies.
The matter had earlier come before the Supreme Court on August 12, 2024, when the Court took note of concerns regarding the slow progress in operationalising the statutory framework. At the time, the Court observed that although the Union Government had constituted the National Commission, several key provisions of the Act remained pending implementation.
The Court had noted that only 14 States had constituted State Councils out of 28 States and eight Union Territories, and that several of these councils were reportedly not functioning effectively. It had subsequently directed the Centre and State governments to take necessary steps, including framing rules, establishing councils, creating infrastructure, and ensuring that the regulatory framework became functional in its true spirit.
During the latest hearing, counsel appearing for the petitioners submitted that the regulations required under Section 66 of the Act had still not been framed by the National Commission. It was also pointed out that only 15 States had framed rules and constituted councils, but several of these bodies were either not notified or remained non-functional.
The petitioners further argued that the absence of regulations and non-notification of the councils is leading to continued violation of the Act, 2021. It is thus submitted that the respondents are not only violating the provisions of the Act, 2021 but are also acting in contravention of the order dated 12th August, 2024.
Appearing for the Union Government, Additional Solicitor General Vikramjit Banerjee submitted that several responsibilities under the Act rested with the State Governments and urged that directions be issued to ensure compliance by the States.
Taking note of the fact that till date the directions given in the order dated 12th August, 2024 have not been fully complied either by the National Commission or by the States, the court noted, “We direct the Chief Secretaries and the Health Secretaries of all the States and the Union Territories and so also the National Commission to file affidavits of compliance giving details of the notification of the councils, framing of the rules under Section 68(2)(a-e) and framing of the regulations under Section 66 by the National Commission and about all other actions required to be taken under order dated 12th August, 2024.”
The Court directed that a copy of its order be immediately forwarded to the Chief Secretaries, Home Secretaries, administrators of Union Territories, and the National Commission for necessary action. It warned that failure to comply could result in the personal appearance of the concerned officials before the Court.
The matter has been posted for further hearing on September 22, 2026.
Meanwhile, welcoming the Supreme Court’s order, the Joint Forum of Medical Technologists of India (JFMTI) stated that the effective and timely implementation of the NCAHP Act, 2021 is essential for ensuring uniform regulation, quality education, professional standards, and patient safety in allied and healthcare professions across India.
JFMTI expressed hope that the governments and the National Commission would take prompt steps to operationalise the provisions of the Act in letter and spirit. The forum also urged allied and healthcare professional associations, institutions, and stakeholders to actively support the implementation process to achieve the objectives of the legislation for the benefit of healthcare professionals and the public.
Click on the link below to view the official order:
https://medicaldialogues.in/pdf_upload/2026/07/31/order-362312023-28-07-2026-362468.pdf
