Rethink vaccine pricing, all have right to health: Supreme Court

The Supreme Court asked the Centre to reconsider the Covid-19 vaccine pricing policy, suggesting that it procure all doses at a negotiated price from vaccine makers. The current policy may not be in harmony with the right to public health.

“Prima facie, the rational method of proceeding in a manner consistent with the right to life (which includes the right to health) under Article 21 would be for the central government to procure all vaccines and negotiate the price with vaccine manufacturers,” said a bench headed by Justice DY Chandrachud.

The court also directed the government to create an emergency buffer stock of oxygen in collaboration with states and decentralise stock locations.


This will make the life-saving gas quickly available if normal supply chains are disrupted. It directed the government to meet New Delhi’s demand for oxygen before midnight on May 3.

Under the current vaccine pricing policy, there are three rates — the lowest for the Centre, slightly more for states and maximum for private hospitals.

The Supreme Court said the current policy of compelling state governments to negotiate with manufacturers to promote competition and make it attractive for new vaccine manufacturers will be detrimental to those in the 18-44 age group.

Starting May 1, the government expanded vaccinations to all those who are 18 and above. The threshold was 45 until April 30.

This expanded segment also includes underprivileged and marginalised groups that may not have the ability to pay, said the bench that included Justices L Nageswara Rao and Ravindra Bhat.

No Discrimination
“Whether or not essential vaccines will be made available to them will depend upon the decision of each state government, based on its own finances, on whether or not the vaccine should be made available free or be subsidised and if so, to what extent,” the bench said. “This will create disparity across the nation. Vaccinations being provided to citizens constitute a valuable public good.”

There can be no discrimination between different classes of citizens under similar circumstances, the bench said, suggesting that the Centre should procure all vaccines. Once quantities are allocated by it to each state government, the latter would pick them up and carry out distribution, it suggested.