Delhi HC sets two-month deadline for Centre on nursing commission plea
The Delhi High Court on Monday directed the Union Government to take appropriate action within two months on a representation submitted by the Indian Professional Nurses Association (IPNA) seeking implementation of the National Nursing and Midwifery Commission (NNMC) Act, 2023.
Justice Swarna Kanta Sharma said that if no action is taken within the stipulated period, IPNA would be at liberty to approach the court again. The direction came during the hearing of a petition challenging the delay in constituting the NNMC and implementing the Act.
The NNMC Act, which received presidential assent in August 2023, was enacted to replace the 77-year-old Indian Nursing Council Act. The new legislation aims to establish a modern regulatory framework for nursing and midwifery education, ensuring uniform standards of training, professional conduct, and quality of care across India.
The Centre brought the Act's provisions into force on February 29, 2024, and notified the rules on March 13, 2024. The following day, it invited applications for posts in the Commission and its various boards. Despite these preliminary steps, the Commission has not yet been constituted, the petition stated.
An RTI response received by IPNA from the Centre on July 7, 2026, confirmed that the NNMC had not been constituted and that no appointments or recruitments had been made for the Commission. The association argued that the delay was particularly significant because national regulatory commissions for other healthcare professions had already been established. It contended that the continued absence of the nursing commission was arbitrary and discriminatory, with direct implications for nursing education, professional standards, and the right to health.
“The delay in constituting the Commission directly impacts quality of nursing education, service standards, and the ‘Right to Health’ of citizens,” the plea said. IPNA also raised concerns about the functioning of the existing Indian Nursing Council, citing the ineffective Nurses Registration and Tracking System (NRTS) portal, a lack of an effective grievance redressal mechanism, and inadequate enforcement against nursing institutions.
The association said it had repeatedly approached authorities on these issues. It submitted a representation to the Union Health Minister on July 20, 2026, seeking immediate implementation of the NNMC Act, but received no response. The court's order now provides a time-bound framework for the government to act, with the option for IPNA to return to court if the deadline is not met.
The petition was represented by advocate Robin Raju. The court's directive underscores the judiciary's role in ensuring timely implementation of legislation designed to safeguard public health and professional standards in nursing and midwifery.
