New Delhi: The Supreme Court on May 20, 2026, approved a nationwide framework prescribing minimum standards for intensive care units (ICUs) and critical care services, calling for a healthcare grid with GPS tracking, tele-ICU integration, and standardised emergency care systems, in the case of Asit Baran Mondal & Anr. v. Dr. Rita Sinha & Ors. A Bench of Justices Ahsanuddin Amanullah and R. Mahadevan observed that India was in a “dreadful position”, where population growth was outpacing the availability of quality healthcare and critical care facilities.
The Bench observed: “The court cannot overemphasise the fact that India today is in a dreadful position inasmuch as the population is increasing by leaps and bounds, while the health system is unable to match the demand, much less provide quality healthcare.”
Background
The matter arose from proceedings pending since 2016 concerning alleged medical negligence in private hospitals and the absence of uniform ICU and critical care standards across the country. Although the original appeal was closed in 2024, the Supreme Court continued monitoring the larger issue of standardising ICU infrastructure nationwide. Over the preceding months, the Court worked with states, the Union government, and medical experts to develop a common framework governing ICU admission, staffing, hygiene, infrastructure, and patient care standards.
The Court had also constituted an expert committee comprising Additional Solicitor General Aishwarya Bhati, Amicus Curiae Karan Bharihoke, and AIIMS cardiologist Dr. Nitish Naik to prepare recommendations.
On May 20, the Bench recorded that a consensus had emerged between states and the Court-appointed committee regarding a three-tier ICU framework and formally approved it. The Court stated: “A basic structure detailing the minimum requirements of the ICUs has been given. As per the agreed procedure, three levels of ICUs have been suggested. There is consensus among the States and the committee which this Court had set up. We give our approval to the same.”
Key Directions
The Court issued a comprehensive set of directions. States have been directed to complete a gap assessment exercise within two months and formulate implementation plans for minimum ICU standards, beginning with Level-1 ICUs. States must also explore Corporate Social Responsibility (CSR) and NGO funding for ICU infrastructure and examine the feasibility of maintaining at least five fully equipped ventilator ambulances for specialised patient transfers.
The Union government has been directed to prepare a nationwide GPS-based system to map healthcare institutions and facilities across the country, explore networking all such institutions to facilitate patient transfers and coordination, and examine the introduction of standardised public display systems indicating ICU availability at hospitals.
The Court also endorsed tele-ICU and teleconsultation facilities and requested the Union government to create a nationwide interconnected telemedicine grid, observing: “We not only endorse but encourage and request all institutions to have such facilities.”
The Bench further directed heads of health departments in all states to file affidavits detailing compliance and action plans before the next hearing, scheduled for August 13, 2026.
Nursing Colleges and Proximity to ICU Facilities
The Bench expressed particular concern upon being informed that nursing colleges are presently permitted to function even where the affiliated hospital with ICU facilities is situated up to thirty kilometres away.
The Court remarked: “We are surprised and shocked as to how such stipulations exist,” observing that nursing students, who must ultimately work with real ICU patients, cannot be properly trained in institutions located so far away from hospitals.
The Bench indicated that nursing institutions should ideally either be attached to hospitals with ICU facilities or located within a one-kilometre radius. It directed the Union government to reconsider the existing norms and place its suggestions before the Court, failing which interim directions may be passed.
The Court concluded the hearing by expressing hope that the exercise would improve healthcare access for ordinary citizens, observing: “We hope we are able to do something for the common man.”
Case Details: Asit Baran Mondal & Anr. v. Dr. Rita Sinha & Ors., Supreme Court of India. Before Justices Ahsanuddin Amanullah and R. Mahadevan. Hearing dated May 20, 2026. Aishwarya Bhati appeared for the Union of India
