Maharashtra allows some homeopathic doctors to prescribe modern drugs: Reasons, pitfalls ↗
Consider the following statements regarding the regulatory framework governing medical practice and the constitutional division of powers over medical education in India:
- Coordination and determination of standards in institutions for higher education or research and scientific and technical institutions falls under Entry 66 of the Union List, which is why changes to the curriculum of central councils regulating medical systems (such as Homeopathy or Ayurveda) require central-level approval rather than state-level approval.
- Under the current national framework, a practitioner registered in the Register of Indian Medicine (covering Ayurveda, Siddha, or Unani) is permitted to practise allopathy, since the Supreme Court in Dr. Mukhtiar Chand vs. State of Punjab held that such cross-practice is a recognised constitutional right of registered practitioners.
- The National Commission for Homeopathy functions as the central statutory body regulating homeopathy education and practice standards in India, and its position is that homeopathic practitioners should not prescribe allopathic medicines.
Which of the statements given above is/are correct?
Explanation
Statement 1 is correct. Entry 66 of the Union List covers coordination and determination of standards in higher and technical education, which is the constitutional basis for central councils (such as the National Commission for Homeopathy) having authority over curriculum standards. This is why homeopathy colleges in Maharashtra could not unilaterally change their courses to include modern pharmacology — approval had to come from the central council, not just the state government or state council. Statement 2 is incorrect. The Supreme Court in Dr. Mukhtiar Chand vs. State of Punjab held precisely the opposite — it ruled that there is no scope for a person enrolled in the state or central Register of Indian Medicine to practise allopathy. Far from being a constitutional right, cross-practice ('mixopathy') has been explicitly disallowed by the Supreme Court in multiple rulings. Statement 3 is correct. The National Commission for Homeopathy (NCH) is the central statutory body for homeopathy regulation, and its stated position — as reflected in the statements of its chairperson — is that homeopaths should practise only within their own system and should not prescribe allopathic medicines.