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The Supreme Court has formulated a National Task Force comprising 12 panel members who shall ensure streamlining of oxygen distribution across the country.

A bench of Justices DY Chandrachud & MR Shah noted that a consensus had emerged that there was a need to ensure allotments of medical oxygen to the States and UTs on a scientific, rational and equitable basis, upon submissions adverted to at behest of the Solicitor General of India. 

"The Solicitor General informed the Court that the Union Government has responded favourably to the suggestion and in fact, his submissions, which have been adverted to earlier, record this specifically. It is necessary that an effective and transparent mechanism is set up within the Union Government for the purpose of allocating medical oxygen to all States and UTs for being used during the COVID-19 pandemic," the bench noted.

The main tasks which shall be assigned to the 12-member panel would be inter alia, formulating a methodology for the scientific allocation of oxygen to the States and UTs and it shall submit its recommendations from time to time to the Court.

Meanwhile, the Union Government shall continue with the present practice of making allocations of oxygen.

It has been directed that establishment of the Task Force will provide the Union Government with inputs and strategies for meeting the challenges of the pandemic on a transparent and professional basis, in the present and in future. 

The court has also stipulated an elaborated terms of reference which can be modulated subsequently as and when the need may arise, which includes assessing and making recommendations for the entire country based on needs, availability and distribution of medical oxygen and formulating and devising a methodology for allocation of medical oxygen in the country apart from reviewing and suggesting measures necessary for ensuring the availability of essential drugs and medicines etc.

Further to this, the Court has also thrusted upon the need for carrying out audits by sub-groups within each State and UT for determining logistics and accountability for the proper distribution of oxygen supplies made available by the Union Government.

"We emphasise that the purpose of conducting audits is to ensure accountability in respect of the supplies of oxygen provided to every State/UT. The purpose is to ensure that the supplies which have been allocated are reaching their destination; that they are being made available through the distribution network to the hospitals or, as the case may be, the end users efficiently and on a transparent basis; and to identify bottlenecks or issues in regard to the utilization of oxygen. The purpose of the audit is not to scrutinise the decisions made in good faith by doctors while treating their patients," the Court observed.

The tenure of the Task Force shall be six months initially.

The Union Government has also been directed to provide all necessary assistance to the Task Force and nominate two Nodal Officers to facilitate its work.

"The Nodal Officers shall also arrange for logistics, including communication with the members and arranging the virtual meetings, of the Task Force," said the Court.

The 12 panel members who have been appointed by the Court upon suggestions given by the Union are:

1. Dr Bhabatosh Biswas, former Vice-Chancellor, West Bengal University of Health Sciences, Kolkata
2. Dr Devender Singh Rana, Chairperson, Board of Management, Sir Ganga Ram Hospital, Delhi
3. Dr Devi Prasad Shetty, Chairperson and Executive Director, Narayana Healthcare, Bengaluru
4. Dr Gagandeep Kang, Professor, Christian Medical College, Vellore, Tamil Nadu
5. Dr JV Peter, Director, Christian Medical College, Vellore, Tamil Nadu
6. Dr Naresh Trehan, Chairperson and Managing Director, Medanta Hospital and Heart Institute, Gurugram
7. Dr Rahul Pandit, Director, Critical Care Medicine and ICU, Fortis Hospital, Mulund (Mumbai, Maharashtra) and Kalyan (Maharashtra)
8. Dr Saumitra Rawat, Chairman and Head, Department of Surgical Gastroenterology and Liver Transplant, Sir Ganga Ram Hospital, Delhi
9. Dr Shiv Kumar Sarin, Senior Professor and Head of Department of Hepatology, Director, Institute of Liver and Biliary Science (ILBS), Delhi
10. Dr Zarir F Udwadia, Consultant Chest Physician, Hinduja Hospital, Breach Candy Hospital and Parsee General Hospital, Mumbai
11. Secretary, Ministry of Health and Family Welfare, Government of India (ex officio member); and
12. The Convenor of the National Task Force, who shall also be a member, will be the Cabinet Secretary to the Union Government.