The National Dental Commission Act, 2023
The National Dental Commission Act, 2023
(Act No. 18 of 2023)
Enacted by the Indian Parliament
🧾 1. Introduction
The National Dental Commission Act, 2023 (NDC Act) is a landmark law aimed at overhauling the regulation of dental education and the dental profession in India. It replaces the Dentists Act, 1948, which had become outdated and inefficient in regulating modern dental practice and education.
It is modeled after the National Medical Commission (NMC) Act, 2019, and is part of the government’s broader effort to reform health education and standardize quality across healthcare professions.
🎯 2. Objectives of the Act
To establish a National Dental Commission (NDC) for regulating dental education, dental institutions, and the dental profession.
To improve access, affordability, and quality of dental education.
To ensure transparency and accountability in regulation.
To promote equity in access to oral healthcare services.
To make dental education more competency-based and patient-centric.
🏛️ 3. Structure Under the Act
The Act creates four main bodies:
a) National Dental Commission (NDC)
Apex body for overall regulation.
Replaces the Dental Council of India.
Includes a Chairperson, Members (ex-officio and part-time), and a Member Secretary.
b) Dental Advisory Council
Provides a platform for states and union territories to advise the NDC.
Members include representatives from state governments, universities, and experts.
c) Autonomous Boards
The Act establishes three autonomous boards:
Undergraduate Dental Education Board (UDEB)
– Regulates BDS curriculum, admission standards, examinations, etc.
Postgraduate Dental Education Board (PGDEB)
– Regulates MDS and other higher qualifications.
Dental Assessment and Rating Board (DARB)
– Evaluates and rates dental institutions and programs.
⚖️ 4. Key Provisions of the Act
a) Registration and Licensure
Dentists must be enrolled in the National Register of Dentists maintained by the NDC.
Foreign-qualified dentists must pass a screening test to practice in India.
b) Exit Exam
The Act provides for a National Exit Test for Dentists (NExTeD).
This will serve as a licensing exam and a basis for PG admissions.
c) Fee Regulation
The NDC is empowered to regulate fees for 50% of seats in private and deemed dental institutions.
d) Institutional Assessment
The Dental Assessment and Rating Board can inspect, assess, and rate institutions based on compliance, quality, and infrastructure.
e) Disciplinary Mechanism
The NDC can take action against:
Misconduct by dental professionals.
Institutions failing to meet standards.
Unauthorized practice.
f) Powers of Central Government
The Central Government has the authority to issue directions to the Commission in public interest.
It can override NDC decisions in specific circumstances.
🌍 5. Importance and Impact
Brings uniformity and modernization to dental education.
Promotes merit-based admissions and licensing.
Ensures greater transparency, replacing a system plagued by delays and inconsistencies.
Introduces accountability in institutional approvals and rating mechanisms.
Enables better alignment with international standards in dental education and practice.
⚖️ 6. Case Law and Legal Principles
While the National Dental Commission Act, 2023 is relatively new and direct judicial precedent is limited, general case law and principles related to regulatory bodies, professional licensing, and healthcare education are applicable:
📌 Case 1: Modern Dental College & Research Centre v. State of Madhya Pradesh (2016)
Citation: (2016) 7 SCC 353
Facts:
The case challenged the regulatory power of the State over admissions to private professional colleges.
Judgment:
The Supreme Court upheld the need for regulatory oversight in professional education to ensure quality and fairness.
Relevance to NDC Act:
Supports the constitutional validity of central regulation in dental education, including provisions like fee control and standard-setting.
📌 Case 2: Indian Medical Association v. Union of India (2011)
Facts:
Issue regarding the role and oversight of the Medical Council of India (MCI) in regulating medical education.
Judgment:
Court emphasized the need for transparent, merit-based, and accountable regulation.
Relevance to NDC Act:
The same logic applies to the NDC’s oversight of dental institutions, replacing the older Dental Council of India.
📌 Case 3: Dr. Preeti Srivastava v. State of M.P. (1999)
Citation: (1999) 7 SCC 120
Facts:
Related to standards in medical PG education and role of regulatory bodies.
Judgment:
Regulatory bodies must ensure uniform standards in education across India.
Relevance:
Validates the power of the NDC to regulate curriculum, admissions, and exit standards like NExTeD.
🧩 7. Challenges and Concerns
Transition from DCI to NDC: Implementation issues in migrating roles and functions.
Stakeholder acceptance: Resistance from some institutions and professionals.
Operationalizing NExTeD: Needs robust infrastructure and standardization.
Centralization vs. Federal Autonomy: States may have concerns over control.
✅ 8. Conclusion
The National Dental Commission Act, 2023 marks a paradigm shift in the regulation of dental education and practice in India. By establishing a centralized, autonomous, and accountable structure, it seeks to enhance the quality, accessibility, and affordability of oral healthcare services. While implementation challenges remain, the Act lays a strong legal foundation for reforming the dental sector and aligning it with global best practices.
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