As long as the court does not usurp executive’s role, action to mitigate a crisis is welcome
Judicial intervention in response to the Union government’s flailing response to the health crisis has reached its apotheosis with the Supreme Court order forming a 12-member national task force for the effective and transparent allocation of medical oxygen to the States and Union Territories “on a scientific, rational and equitable basis”. Making recommendations on augmenting the supply based on present and projected demands and facilitating audits by sub-groups within each State and UT is also part of its remit. The Court has also mandated it to review and suggest measures for ensuring the availability of essential drugs and remedial measures to meet future emergencies during the pandemic. In other words, the national task force has become a judicially empowered group that may significantly guide the handling of the health crisis set off by the second pandemic wave. Faced with…