All India Drugs Control Officers Confederation (AIDCOC) may consider the option of challenging the Central government's move to establish a Central Drug Authority (CDA). The confederation has already contacted 30 MPs in this regard to raise the issue in the Parliament as the move is in violation of certain provisions in the constitution.

The confederation, consisting of members from all the state level drug control departments, points out that the central government should not have taken any autonomous decision on issues related to public health as the subject is under concurrent list of the constitution of India.

"The government is keeping the draft CDA bill as confidential from the state health departments, where as states have the right to know and comment on any regulation coming under the concurrent list. We are not able to go through various provisions included in the new system as the central government keeps its upper hand," explained Ravi Uday Bhaskar, secretary general, AIDCOC.

The confederation has approached 30 MPs of United Progressive Alliance (UPA) including the left parties and Rashtriya Janatha Dal (RJD). The MPs have offered support by confuting the bill in the forthcoming parliament session. If the parliament approves the bill, the confederation would check legal options, he added.

AIDCOC demanded that the government should overhaul the current drug control machinery by implementing the suggestions put forward in various committee reports from the Hathi Committee report of 1975 to Mashelkar Committee report of 2003, before implementing a totally different system. Though Dr Mashelkar committee has endorsed centralisation, it is doubtful that to what extend such process would bring in functional uniformity.

Even if a central authority is formed it should be a replacement to the CDSCO rather than an additional arm to CDSCO. Simultaneously, independent drugs control organisations headed by the commissioner of drugs safety should be established at state level with necessary infrastructure, monetary allocation and human resource as recommended by Dr Mashelkar committee, the sources said.

They added that the confederation has already made their points to the government in a representation to the Union Health Minister, even as the government has not taken the demands into consideration.