The Delhi High Court has given the Central government two months to decide on a petition calling for the establishment of the National Nursing and Midwifery Commission (NNMC). The order, issued on August 17 by Justice Swarana Kanta Sharma, directs the Union Ministry of Health and Family Welfare to address the plea filed by the Indian Professional Nurses Association (IPNA).
The court instructed the government to treat the petition as a formal representation and respond within the deadline, notifying the petitioner of its decision. If the grievances remain unaddressed, the IPNA has been granted the option to return to court.
Law passed, but commission remains unformed
The NNMC was meant to replace the Indian Nursing Council under the National Nursing and Midwifery Commission Act, 2023, which took effect this year. The law outlines the commission’s role in regulating nursing and midwifery education, training, and professional practice. However, the NNMC has yet to be constituted, leaving the Indian Nursing Council in charge despite the legal provision for its replacement.
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The IPNA, a Delhi-based nonprofit advocating for nurses’ welfare, argued that the delay was unjustified. The group pointed out that similar regulatory bodies for other healthcare professions—such as the National Medical Commission, National Dental Commission, and National Commission for Homoeopathy—have already been set up. The exclusion of nursing, which makes up over 70% of India’s healthcare workforce, was described as arbitrary and a violation of constitutional rights under Articles 14 and 21.
While the government invited applications for NNMC members earlier this year, no appointments have been finalized. The IPNA urged the court to intervene, citing the prolonged inaction.
Legal representation and next steps
Advocate Robin Raju represented the IPNA in court. The Central government was represented by standing counsel Manisha Agrawal Narain, along with government panel counsel Harshit Joshi and advocates Nipun Jain and Deepender Banger. The Indian Nursing Council was represented by advocate VSR Krishna.
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The court’s order does not guarantee the NNMC’s formation but sets a clear timeline for the government to respond. If the two-month deadline passes without action, the IPNA may seek further legal recourse. The case highlights a broader issue: regulatory bodies for other professions have moved forward, while nursing—a cornerstone of healthcare—remains in limbo.
The delay raises questions about whether the government’s priorities align with the sector’s needs. With nurses playing a critical role in patient care, the absence of a dedicated commission could slow reforms in education and professional standards. For now, the ball is in the government’s court.
The Indian Nursing Council continues to function in the interim, but its authority under the new law remains legally ambiguous. The next two months will determine whether the NNMC finally takes shape or if the process stalls further.
