National Medical Commission (NMC): Powers and Functions under the NMC Act, 2019
Key Takeaways
- The National Medical Commission (NMC) is the statutory body responsible for regulating medical education and important aspects of the medical profession in India. It was constituted under the National Medical Commission Act, 2019 and replaced the earlier Medical Council of India framework.
- Section 10 of the National Medical Commission Act, 2019 contains the principal powers and functions of the NMC, including policy-making, regulation of medical institutions and professionals, healthcare workforce planning, professional ethics and appellate functions.
- The NMC functions through four Autonomous Boards: the Under-Graduate Medical Education Board (UGMEB), Post-Graduate Medical Education Board (PGMEB), Medical Assessment and Rating Board (MARB), and Ethics and Medical Registration Board (EMRB).
- The Commission lays down policies and standards for undergraduate, postgraduate and super-speciality medical education, while specialised Autonomous Boards implement and supervise different parts of this regulatory framework.
- The NMC has an important role in the assessment and regulation of medical institutions, including standards relating to new medical colleges, new postgraduate courses, increase in seats, inspections and institutional assessment.
- Through the EMRB and State Medical Councils, the regulatory framework covers registration of medical practitioners, professional conduct and medical ethics, including an appellate mechanism in disciplinary matters.
- The NMC may also frame guidelines for determining fees and other charges for 50% of seats in private medical institutions and deemed-to-be universities governed by the NMC Act.
What Is the National Medical Commission?
The National Medical Commission (NMC) is the statutory body established to regulate medical education and important aspects of the medical profession in India. It was constituted under the National Medical Commission Act, 2019.
The NMC Act came into force on 25 September 2020. With the commencement of the new regulatory system, the Board of Governors that had been functioning in supersession of the Medical Council of India was dissolved. The NMC thereafter became the principal national regulatory body under the new statutory framework.
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The objectives behind the NMC framework extend beyond regulation of medical colleges. They include improving access to affordable and quality medical education, ensuring availability of competent medical professionals, promoting equitable healthcare, maintaining a national medical register, ensuring ethical standards and creating an effective grievance redressal system.
The regulatory role of the NMC is particularly important because the duties of medical professionals and doctors involve not only clinical competence but also compliance with professional and ethical standards.
What Is the Legal Basis of the NMC’s Powers?
The powers and functions of the National Medical Commission primarily arise from the National Medical Commission Act, 2019.
Section 10 of the NMC Act specifically sets out the powers and functions of the Commission. It gives the NMC responsibility for developing policies, making regulations, coordinating regulatory bodies and maintaining standards across medical education and professional practice.
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The Commission therefore operates both as a policy-making authority and as the apex coordinating body within the regulatory structure created by the Act.
Apart from Section 10, several other provisions of the Act distribute regulatory responsibilities among the NMC, Autonomous Boards, State Medical Councils and the Central Government. The powers of the Commission must therefore be understood as part of an interconnected regulatory system rather than as isolated functions.
What Are the Main Powers and Functions of the National Medical Commission?
Maintaining Standards of Medical Education
One of the most important functions of the NMC is to lay down policies for maintaining high quality and high standards in medical education.
The Commission can make regulations necessary to implement these policies. This enables the NMC framework to address areas such as educational standards, curriculum requirements, examinations, teaching infrastructure, faculty standards and other matters connected with medical education.
Detailed regulation of undergraduate and postgraduate education is carried out through the UGMEB and PGMEB respectively.
The purpose of maintaining national standards is to ensure reasonable uniformity in the quality of medical education across recognised medical institutions. This is important because the training received by medical students ultimately affects the quality and competence of the medical workforce.
Regulating Medical Institutions
The NMC is empowered to formulate policies for regulating medical institutions and to make regulations for giving effect to such policies.
Medical institutions are required to comply with standards prescribed under the NMC framework. The regulatory structure covers the establishment and functioning of medical colleges, educational standards, infrastructure, faculty requirements, courses and student intake.
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The specialised responsibility for assessment and rating of medical institutions is exercised through the Medical Assessment and Rating Board.
This regulatory power allows the NMC framework to examine not merely whether a medical institution has been established, but also whether it continues to maintain the prescribed standards necessary for providing medical education.
Regulating Medical Professionals
The NMC also has a statutory role in regulating medical professionals.
This function includes laying down policies relating to professional standards and coordinating the system through which medical practitioners are registered and regulated.
Professional registration and ethical conduct are particularly associated with the Ethics and Medical Registration Board and the State Medical Councils.
The legal and ethical duties applicable to doctors are significant because failure to maintain acceptable professional standards may, depending on the facts, lead to disciplinary consequences. Separately, where lack of reasonable skill and care causes injury, questions of medical negligence may also arise.
Regulating Medical Research
Section 10 also authorises the Commission to lay down policies for regulating medical research.
Medical education is closely connected with scientific research and evidence-based healthcare. The inclusion of medical research within the Commission’s statutory mandate enables regulatory policies to take developments in medical science and research into consideration.
This responsibility also reflects the broader purpose of medical regulation, which is not confined to classroom teaching but extends to maintaining appropriate standards in activities connected with advancement of medical knowledge.
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How Does the NMC Assess India’s Healthcare Requirements?
The powers of the NMC are not limited to medical colleges and doctors. The Commission is also required to assess healthcare requirements in India.
This responsibility broadly includes:
- Human resources for health: The Commission may assess the requirement for medical professionals and relevant healthcare human resources so that medical education planning can respond to national healthcare needs rather than functioning independently of actual demand.
- Healthcare infrastructure: The NMC may assess infrastructure requirements relevant to the healthcare system and medical education. Availability of institutions, teaching facilities and healthcare infrastructure can have a direct bearing on the training of medical professionals.
- Future requirements: On the basis of its assessment, the Commission may develop a roadmap for meeting healthcare requirements. This enables medical education policy to be considered alongside projected national health needs.
This function connects regulation of medical education with broader healthcare planning. It recognises that the number, quality and distribution of trained medical professionals are directly related to the effectiveness of the healthcare system.
How Does the NMC Coordinate Different Medical Regulatory Bodies?
The NMC occupies a central position in the regulatory structure created by the National Medical Commission Act, 2019.
It may promote coordination, frame guidelines and formulate policies for the proper functioning of:
- the National Medical Commission;
- the Autonomous Boards; and
- the State Medical Councils.
The Commission must also ensure coordination among its four Autonomous Boards.
This coordination is necessary because undergraduate education, postgraduate education, institutional assessment, professional registration and ethics are handled by different bodies but form part of one interconnected regulatory system.
For example, the standards prescribed for medical education affect the assessment of medical institutions, while the qualifications obtained through recognised medical education ultimately affect registration and eligibility for professional practice.
What Is the Role of NMC in Relation to State Medical Councils?
State Medical Councils continue to perform important functions within the regulatory framework, particularly in relation to registration and disciplinary regulation of medical practitioners.
The NMC may take necessary measures to ensure that State Medical Councils comply with guidelines and regulations framed under the NMC Act for their effective functioning.
In professional conduct matters, the Ethics and Medical Registration Board also interacts with State Medical Councils. Where a State Medical Council has disciplinary powers under the applicable law, the EMRB works within the statutory framework for enforcement of professional and ethical standards.
A complaint concerning professional or ethical misconduct by a registered medical practitioner may therefore involve the State Medical Council in the first instance.
Therefore, the NMC framework creates national standards while retaining an important role for State-level regulatory bodies.
What Are the Four Autonomous Boards under the NMC?
The National Medical Commission framework establishes four Autonomous Boards that perform specialised regulatory functions:
- Under-Graduate Medical Education Board (UGMEB) – regulates undergraduate medical education.
- Post-Graduate Medical Education Board (PGMEB) – regulates postgraduate and super-speciality medical education.
- Medical Assessment and Rating Board (MARB) – assesses and rates medical institutions and deals with specified institutional permissions.
- Ethics and Medical Registration Board (EMRB) – deals with registration, professional conduct and medical ethics.
The Autonomous Board structure distributes specialised responsibilities while keeping overall policy and coordination with the National Medical Commission.
What Are the Functions of the Under-Graduate Medical Education Board?
The Under-Graduate Medical Education Board (UGMEB) regulates undergraduate medical education.
Its principal functions include determining standards of undergraduate medical education and overseeing matters connected with such education. It is also responsible for developing a competency-based dynamic curriculum at the undergraduate level.
The Board also develops curricula addressing important areas of medical education, including primary healthcare, community medicine and family medicine.
Another important function is framing guidelines for establishing medical institutions offering undergraduate courses. In doing so, national healthcare requirements and appropriate educational standards are relevant considerations.
UGMEB also deals with minimum requirements concerning undergraduate courses, examinations, faculty and infrastructure within the framework of the Act and applicable regulations.
The Board therefore plays a significant role in determining both what medical students study and the educational conditions under which undergraduate medical training is provided.
What Are the Functions of the Post-Graduate Medical Education Board?
The Post-Graduate Medical Education Board (PGMEB) performs corresponding functions in relation to postgraduate and super-speciality medical education.
Its responsibilities include:
- Determining educational standards: PGMEB prescribes standards required for postgraduate and super-speciality medical education.
- Developing curricula: It develops competency-based curricula appropriate for advanced medical education and specialised professional training.
- Regulating institutions: The Board frames guidelines relating to institutions offering postgraduate and super-speciality medical courses.
- Prescribing minimum requirements: Standards relating to courses, training and examinations may be prescribed within the statutory framework.
PGMEB therefore regulates the academic and institutional framework through which doctors receive specialised and advanced medical education in India.
What Are the Powers of the Medical Assessment and Rating Board?
The Medical Assessment and Rating Board (MARB) deals primarily with the assessment and regulation of medical institutions.
MARB determines the procedure for assessing and rating medical institutions according to their compliance with standards prescribed by the UGMEB or PGMEB.
Permission for New Medical Colleges and Courses
MARB has authority under the statutory framework to deal with permission relating to:
- establishment of a new medical institution;
- commencement of a new postgraduate course; and
- increase in the number of seats.
Such permissions are governed by the National Medical Commission Act and regulations made under it.
This system is intended to ensure that expansion in medical education takes place only where prescribed regulatory requirements are satisfied.
Inspection and Assessment of Medical Institutions
MARB can carry out inspections and assessments of medical institutions to determine whether required standards are being maintained.
The statutory framework also permits the involvement of authorised third-party agencies or persons in the inspection and assessment process. Medical institutions are required to provide necessary access for properly authorised assessment.
Assessment is therefore not limited to the stage at which a medical institution is first established. Continued compliance with educational and institutional standards remains relevant throughout its functioning.
Action for Failure To Maintain Standards
Where a medical institution fails to maintain prescribed standards, MARB may take regulatory measures permitted under the statutory framework.
Depending on the circumstances and applicable provisions, such measures may include warnings, monetary penalties, reduction of intake, stoppage of admissions or recommendations concerning recognition.
These powers give institutional standards practical enforceability rather than leaving them merely as academic guidelines.
What Are the Functions of the Ethics and Medical Registration Board?
The Ethics and Medical Registration Board (EMRB) performs two major functions: regulation of professional registration and regulation of medical ethics.
Maintaining the National Registers
The EMRB is responsible for maintaining the National Registers of licensed medical practitioners.
A reliable registration system is important because it identifies persons who satisfy the applicable statutory requirements for medical practice and provides an organised national record of registered medical professionals.
Registration is closely linked with professional accountability because the right to practise medicine within the statutory framework depends on fulfilment of the applicable registration requirements.
Regulation of Professional Conduct and Medical Ethics
The EMRB regulates professional conduct and promotes medical ethics in accordance with the regulatory framework under the NMC Act.
It also develops mechanisms for continuous interaction with State Medical Councils so that professional conduct can be effectively regulated throughout India.
Ethical duties include significant obligations towards patients, such as professional competence, confidentiality, responsible treatment and maintenance of appropriate professional standards. The wider duties of a medical professional or doctor therefore operate alongside the regulatory functions of the NMC framework.
Medical confidentiality is also an important aspect of professional ethics. The circumstances in which a doctor may disclose a patient’s medical information without consent depend on applicable professional rules and recognised legal exceptions.
Appellate Role
The EMRB exercises appellate jurisdiction in respect of actions taken by State Medical Councils within the statutory framework.
This creates a national-level mechanism for review in matters involving professional and ethical regulation and helps promote greater consistency in medical disciplinary standards.
What Is the NMC’s Role in Professional Ethics?
Section 10 requires the NMC to lay down policies and codes for ensuring observance of professional ethics in the medical profession and promoting ethical conduct in the provision of medical care.
Professional ethics concerns the standards of conduct expected from registered medical practitioners. It is wider than the law of negligence because unethical or professionally improper conduct does not necessarily have to cause compensable physical injury before regulatory consequences may arise.
Conversely, negligent medical treatment may give rise to different forms of legal responsibility. Depending on the facts, medical negligence and consumer rights in healthcare may become relevant alongside disciplinary proceedings before medical regulatory bodies.
The detailed ethical regulatory framework is administered through the EMRB and State Medical Councils.
It is also important to distinguish the Commission’s statutory power to regulate professional ethics from individual regulations issued under that power. The Registered Medical Practitioner (Professional Conduct) Regulations, 2023, which had been notified in August 2023, were subsequently kept in abeyance. Therefore, the current regulatory position must be examined carefully whenever a specific professional conduct issue arises.
Does the NMC Regulate Fees of Private Medical Colleges?
The NMC has a specific statutory role concerning fees in certain private medical institutions.
Under Section 10(1)(i) of the National Medical Commission Act, 2019, the Commission may frame guidelines for determining fees and other charges relating to 50% of seats in private medical institutions and deemed-to-be universities governed by the NMC Act.
The provision does not give the NMC a general power to determine the fee of every seat in every private medical college.
Its statutory scope is specifically linked to 50% of seats in the private medical institutions and deemed-to-be universities covered by the provision.
This distinction is important because the NMC’s fee-related authority must be understood according to the precise language of the statute rather than as complete control over all fees charged by private medical institutions.
What Are the Appellate Powers of the NMC?
The NMC performs an important appellate function within the statutory regulatory system.
The Commission exercises appellate jurisdiction over decisions of the Autonomous Boards in accordance with the provisions of the NMC Act.
This creates a hierarchical mechanism under which decisions taken by specialised Boards may be reconsidered at the level of the Commission where a statutory appeal is available.
The Act also provides mechanisms under which certain decisions of the Commission can be challenged before the Central Government.
The appellate structure therefore broadly operates through different levels depending on the type of dispute:
- decisions of Autonomous Boards may, where permitted, be appealed to the NMC;
- actions of State Medical Councils concerning professional conduct may fall within the appellate jurisdiction of the EMRB; and
- certain decisions of the NMC may be appealed to the Central Government in accordance with the Act.
This system creates internal regulatory review before or alongside other legal remedies that may be available under general law.
Can the NMC Delegate Its Powers?
Yes. The National Medical Commission Act permits delegation of certain powers and functions.
The Commission may delegate appropriate administrative and financial powers to its Secretary.
It may also constitute sub-committees and assign powers necessary for the performance of specified tasks.
Delegation is important for the practical functioning of a national regulatory institution because every administrative, financial or specialised matter cannot be decided collectively by the full Commission.
However, delegated authority must remain within the boundaries laid down by the NMC Act and the powers legally available to the Commission.
What Is the Composition of the National Medical Commission?
The NMC is designed as a multi-member regulatory body.
Under Section 4 of the National Medical Commission Act, 2019, the Commission consists of 33 persons appointed by the Central Government, including:
- one Chairperson;
- ten ex officio members; and
- twenty-two part-time members.
The Presidents of the four Autonomous Boards are among the ex officio members of the Commission.
This structure helps integrate the work of the specialised Boards with the overall functioning and policy-making role of the National Medical Commission.
The inclusion of different categories of members is also intended to provide institutional representation and expertise within the national medical regulatory framework.
Why Is the National Medical Commission Important?
The significance of the NMC lies in the wide scope of its statutory responsibilities.
It brings several connected aspects of medical regulation within a common regulatory framework.
Medical Education
The NMC system determines and supervises standards for undergraduate, postgraduate and super-speciality medical education.
Uniform standards are important because medical qualifications ultimately determine entry into a profession involving direct responsibility for human health and life.
Medical Institutions
The regulatory framework governs the establishment, assessment and functioning of medical institutions and deals with matters concerning courses, infrastructure and seat capacity through specialised Boards.
Medical Practitioners
The NMC framework provides mechanisms for registration, professional regulation and medical ethics.
The regulatory system therefore continues beyond medical education and extends into professional practice.
Quality Control
Assessment and rating of medical institutions enable regulatory authorities to determine whether prescribed educational standards are actually being maintained.
Institutional assessment also makes it possible to take corrective measures where a medical institution falls below the required standards.
Healthcare Planning
By assessing requirements relating to healthcare professionals and infrastructure, the Commission connects medical education policy with wider national healthcare requirements.
Professional Accountability
Professional conduct is regulated through a combination of the NMC, EMRB and State Medical Councils.
Where conduct also causes legally recognised harm, separate civil, consumer or criminal consequences may arise depending on the circumstances. For instance, questions regarding medical negligence under the Bharatiya Nyaya Sanhita concern a different form of legal liability from professional disciplinary proceedings.
Grievance and Appellate Mechanisms
The Act creates different appellate channels involving the Autonomous Boards, NMC, EMRB and Central Government, depending on the nature of the decision concerned.
This helps ensure that regulatory decisions can be reviewed within the statutory framework instead of every dispute ending at the level of the first authority.
Difference between NMC and Its Autonomous Boards
The National Medical Commission is the apex policy-making and coordinating body, while the Autonomous Boards perform specialised statutory functions.
| Body | Main Area of Responsibility |
| National Medical Commission | Overall policy, regulation, coordination, professional ethics policy, healthcare assessment and appeals from Autonomous Boards |
| UGMEB | Undergraduate medical education |
| PGMEB | Postgraduate and super-speciality medical education |
| MARB | Assessment, rating and permissions concerning medical institutions |
| EMRB | Registration of medical practitioners, professional conduct, medical ethics and appeals concerning State Medical Council actions |
The division of responsibilities allows specialised regulatory functions to be handled by dedicated Boards while overall coordination and policy remain with the NMC.
Conclusion
The National Medical Commission is the central statutory regulator of medical education and important aspects of the medical profession in India. Its principal powers and functions are laid down in Section 10 of the National Medical Commission Act, 2019.
Its responsibilities include maintaining standards of medical education, regulating medical institutions and medical professionals, assessing healthcare requirements, coordinating Autonomous Boards and State Medical Councils, promoting professional ethics, exercising appellate powers and framing guidelines concerning fees for specified seats in private medical institutions and deemed-to-be universities.
The four Autonomous Boards give practical effect to this regulatory structure. UGMEB regulates undergraduate education, PGMEB regulates postgraduate and super-speciality education, MARB assesses and regulates medical institutions, while EMRB deals with registration, professional conduct and medical ethics.
Taken together, these provisions make the NMC framework a comprehensive system covering medical education, institutional standards, professional registration, ethics, healthcare workforce planning and regulatory accountability in India.
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