·The Hindu·15 marks·250–350 wordsPolity

"Delays in constituting statutory regulatory bodies undermine the very purpose of the enabling legislation." Discuss with reference to the National Nursing and Midwifery Commission Act, 2023.

In this answer
  1. How delay defeats the legislative purpose
  2. Judicial correction of executive inaction

A statute becomes operative only when its institutional machinery works. The National Nursing and Midwifery Commission Act, 2023 (Act No. 26 of 2023), which received assent on 12 August 2023, repeals the Indian Nursing Council Act, 1947 [1][3]; yet the Commission remains unconstituted, showing how implementation lag can hollow out an enabling law.

How delay defeats the legislative purpose

  • Regulatory vacuum: the Act repeals the colonial-era Indian Nursing Council and vests regulation in a 29-member Commission with three autonomous Boards — education, assessment and rating, and ethics and registration [1]. Until they exist, the reform objectives Parliament approved simply do not operate.
  • Standards unenforced: standardised admission, institutional assessment, and National and State Registers of professionals were the Act's core promises [2]; nursing education continues under the legacy framework instead.
  • Federal spillover: every State must constitute a 10-member State Nursing and Midwifery Commission where none exists [1] — state-level action stalls when the apex body is absent.
  • Accountability gap: the largest cadre of India's health workforce is left without the modern grievance and registration architecture the law envisaged.

Judicial correction of executive inaction

  • Exercising writ jurisdiction under Article 226, the Delhi High Court in August 2026 directed the Union Health Ministry to decide within two months a plea by the Indian Professional Nurses Association seeking constitution of the NNMC [4].
  • Such mandamus underlines a recurring pattern — the National Medical Commission transition faced comparable transitional delays — where courts must prod the executive to honour a mandate Parliament has already given.
Assent (2023) → Rules notified → Members appointed → Commission + Boards functional
        ↑ law in force            ↑ present bottleneck

Delay converts a reforming statute into a paper promise. Time-bound appointment calendars, published progress on selection processes, and parliamentary review of pending commencement would close the gap between enactment and effect — ensuring that legislative intent translates into the accessible, quality healthcare that Article 21 and SDG-3 envisage.

Sources

  1. 1The National Nursing and Midwifery Commission Bill, 2023 — PRS Legislative Research29-member Commission, three autonomous Boards, 10-member State Commissions, repeal of Indian Nursing Council Act, 1947
  2. 2Parliament Passes National Nursing and Midwifery Commission (NNMC) Bill, 2023, PIBstandardised admission process, registers, replacement of Indian Nursing Council
  3. 3The National Nursing and Midwifery Commission Act, 2023 (No. 26 of 2023)Act number and assent date
  4. 4Delhi High Court tells Centre to decide plea to set up National Nursing and Midwifery Commission, Bar and BenchAugust 2026 order, two-month direction, IPNA petition
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