New Delhi: The Supreme Court on August 4, 2026, questioned the Pharmacy Council of India's (PCI) annual approval system for pharmacy colleges, observing that the year-to-year process creates regulatory uncertainty for institutions and students. During the hearing, the Centre informed the Bench that it is working on legislation to establish a National Pharmacy Commission (NPC), a move that could replace the existing regulatory framework governing pharmacy education in India.
The observations came while the Court heard the Pharmacy Council of India's appeals against Delhi High Court judgments that ruled annual continuation approvals for already approved pharmacy courses have no legal basis under the Pharmacy Act, 1948. Solicitor General Tushar Mehta, appearing for the Centre, said the proposed legislation could be introduced during the ongoing Parliament session.
During the hearing, the Bench questioned why pharmacy colleges with approved infrastructure, faculty, and facilities should be required to obtain permission every academic year.
Justice Joymalya Bagchi observed that while new courses such as M.Pharm or diploma programmes may require separate approvals, an already approved B.Pharm programme should not have to obtain a fresh licence every year.
"You cannot say that the B.Pharm course will have a licence for one year and then again for the second year," Justice Bagchi remarked.
The Bench noted that repeated approvals create uncertainty for institutions, delay admissions and counselling, and ultimately affect students pursuing pharmacy education.
Responding to the Court's concerns, Solicitor General Tushar Mehta acknowledged that the existing approval system was creating unpredictability.
"Uncertainty is not desirable," Mehta told the Bench, adding that he would discuss the issue with the concerned authorities.
The law officer informed the Court that the Union Government is preparing a new pharmacy education law that would establish a National Pharmacy Commission, modelled on the National Medical Commission (NMC).
According to Mehta, the proposed Bill could be introduced during the current Parliament session, although he clarified that he could not make a definitive statement on its timeline.
The Bench responded that its primary concern was ensuring a robust regulatory framework for pharmacy education rather than preserving the existing system.
The Supreme Court proceedings stem from earlier judgments of the Delhi High Court.
On July 25, 2024, a Single Judge ruled that annual continuation approvals under Section 12 of the Pharmacy Act, 1948 were not supported by the statute. The court held that approval continues unless it is withdrawn under Section 13, which empowers the PCI to revoke approval if institutions fail to maintain prescribed standards.
The judgment also struck down the requirement for colleges to repeatedly pay Pharmacy Education Regulatory Charges (PERC) for continuation approvals.
The PCI challenged the decision, but on May 30, 2026, a Division Bench upheld the ruling. The court observed that the PCI already has adequate powers under Section 16 to inspect institutions and withdraw approvals where standards are not maintained, making yearly approvals unnecessary.
The Pharmacy Council of India, established under the Pharmacy Act, 1948, regulates pharmacy education and pharmacist registration in India. Critics of the current system argue that annual approvals create administrative burdens for pharmacy colleges and uncertainty for students awaiting admissions and counselling each academic year.
If Parliament replaces the existing framework with a National Pharmacy Commission, it could provide a more predictable approval process while strengthening oversight of pharmacy education.
The Bench deferred further hearing of the matter in view of the ongoing Parliament session and indicated that it would take up the case after August 20.
Reference:
1. Pharmacy Council of India. The Pharmacy Act, 1948 (Act No. 8 of 1948). New Delhi: Pharmacy Council of India, Ministry of Health and Family Welfare, Government of India. Accessed August 5, 2026. https://www.pci.gov.in/en/pharmacy-act-1948/?
(Rh/ARC/MSM)