Wednesday, March 11, 2026

Compensation and Law

_*Compensation and Law - COVID-vaccination - Legal Remedies - Role of Judiciary vis-a-vis Executive* -"The Union of India shall, through the Ministry of Health and Family Welfare, frame a no-fault compensation policy for serious adverse events following COVID-19 vaccination. The existing mechanisms for monitoring adverse events following immunisation shall continue, and relevant data shall be periodically placed in the public domain. Equally, the formulation of the nofault framework shall not be construed as an admission of liability or fault on the part of the Union of India or any authority." - The executive, which has been democratically elected by the people of the country and is accountable for its actions to them, is vested with the competence and authority to draft policies. But at the same time, this constitutionally protected separation of powers cannot in any scenario come in the way of Judiciary when the fundamental rights of its citizens are violated due to executive policies, or by lack of them, as in this case. In such circumstances, the constitutional duty of this Court to safeguard the rights of citizens cannot be eclipsed. - *Rachana Gangu v. Union of India [2026] GCtR 207 (SC)*_

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