The Suo Moto case that was argued in the Supreme Court Of India this week, regarding the government’s handling of the COVID-19 Pandemic has gone viral on Twitter, newsrooms and social media.

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Justice Dhananjaya Y. Chandrachud, the justice heading the three-judge bench hearing the case, made a series of scathing remarks that spoke volumes about the manner in which the government has managed the pandemic, and how it is managing the vaccination drive.

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We list out some of the statements that Justice Chandrachud made at the hearing.

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Bharat is a union of states.

Justice Chandrachud: I was reading the Constitution. Article 1 says that Bharat is a Union of States. When the Constitution says that, then we follow the federal rule. Then Government of India has to procure the vaccines and distribute it. Individual States are left in a lurch.

— Live Law (@LiveLawIndia) May 31, 2021

One of the opening remarks that Justice Chandrachud made was in response to the fact that states have been asked to procure vaccines on their own, as the central govt maintains that health is a “state” matter.

BMC has more funds than a state. What about states like UP? Will you be negotiating or will they be left on their own?

Justice Chandrachud: Look at BOMBAY Municipal Corporation. They have funds which could be more than a State. But, what about States such as UP ? Will you be negotiating or will they be left on their own ? The amicus can formulate the issues and you can respond to that.

— Live Law (@LiveLawIndia) May 31, 2021

This was again in light of the fact that state governments have been asked to procure vaccines on their own. This statement highlights the budgetary disparity between various states, and whether the central government will allay these disparities.

Why do the states have to pay a higher price?

Justice Chandrachud: If this is the rationale, why do the States have to pay a higher price ? You have to ensure that vaccines are available at the same price across the nation. You can’t have a price at the Centre. #SupremeCourtofIndia #COVID19

— Live Law (@LiveLawIndia) May 31, 2021

This is a sentiment that has been shared by a number of state heads, as well as political pundits.

Is it realistically possible for people in rural areas to start registering on this app?

Justice Chandrachud: What about the digital divide ? Everyone has to register on COWIN. Is it realistically possible for people in rural areas to start registering on this app ? How do you expect them to do that ? Our own law clerks and friends have tried.

— Live Law (@LiveLawIndia) May 31, 2021

This becomes a scathing indictment of the manner in which the CoWIN & Aarogya Setu apps have been made mandatory to get vaccinated. Seriously, what becomes of people who aren’t able to register themselves on either of the two platforms.

You keep saying Digital India, Digital India, but you are not aware of the ground realities.

Justice Chandrachud: You keep saying that situation is dynamic, but you have to keep your ears on the ground. You keep saying digital India, digital India, but you are not aware of the ground realities. A poor worker from Jharkhand has to go all the way to a common centre ?

— Live Law (@LiveLawIndia) May 31, 2021

While Digital India was an exemplary initiative it has its drawbacks and limitations. Justice Chandrachud pointed that out with some great effect.

You can’t just say that you’re the Centre and you know what’s right.

Justice Chandrachud: We are not framing policy. There's an order of 30th April that these are the problems. You will be flexible. You can’t just say that you’re the Centre and you know what’s right. We have a strong arm to come down on this.

— Live Law (@LiveLawIndia) May 31, 2021

This was a very serious comment on the supposed symbiotic relationship that the Central Government and State Governments are supposed to share.

Digital literacy in India is far from perfect.

Justice Chandrachud: If we say there is a problem, we expect you to look into. Digital literacy in India is far from perfect. I am the Chairman of the e-Committee. I have seen the problems which afflict this. You have to be flexible and keep your ears on the ground.

— Live Law (@LiveLawIndia) May 31, 2021

Again an indictment of the fact that in order to get vaccinated, one has to rely on technology that is inaccessible to a large portion of the population. Justice Chandrachud decided to speak from his personal experience to emphasise his point.

I don’t know if a sedition case has been filed against the news channel for showing that.

Arora: Why can’t the govt provide some semblance of ritual, which is also for health purposes ?

Bench: We saw a picture of a body being thrown in river.

Justice Chandrachud: I don’t know if a sedition case has been filed against the news channel for showing that.

— Live Law (@LiveLawIndia) May 31, 2021

This was a loaded comment on a number of levels, but most importantly, it was an indictment of the number of sedition cases that journalists have been charged with. This was also a statement on how the government viewed COVID-19 reportage by the media.

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