CONSTITUTIONAL AND LEGAL FRAMEWORK

A. Fundamental Rights (Part III)

    • Article 21 (Right to Life): The Supreme Court has repeatedly held that the “Right to Life” includes the Right to Health.
      • Case Law: State of Punjab v. Mohinder Singh Chawla (1997) – The court affirmed that the right to health is integral to the right to life.
      • Recent Extension: In Sukdeb Saha v. State of Andhra Pradesh (2025), the SC declared Mental Health a constitutional guarantee under Article 21.
    • Article 23 & 24: Prohibition of forced labour and hazardous child labour, which indirectly protects physical health and safety.

B. Directive Principles of State Policy (Part IV)

    • Article 38: Mandates the State to promote welfare by securing a social order with justice (social, economic, and political).
    • Article 39(e): Directed toward ensuring the health and strength of workers and children are not abused.
    • Article 41: Right to public assistance in cases of sickness and disablement.
    • Article 42: Provision for just and humane conditions of work and maternity relief.
    • Article 47: Explicitly states that “raising the level of nutrition and the standard of living of its people and the improvement of public health” is a primary duty of the State.

C. Seventh Schedule (Distribution of Power)

    • List II (State List): Public health, sanitation, hospitals, and dispensaries.
    • List III (Concurrent List): Population control, family planning, medical education, and adulteration of foodstuffs.

Legal Provisions

ActKey Objective/Provision
National Medical Commission Act, 2019Regulates medical education and profession (replaced MCI).
Mental Healthcare Act, 2017Decriminalized suicide and guaranteed the right to mental health services for all.
Right to Health Act (Rajasthan), 2023First of its kind: Makes emergency treatment a legal right without prior payment in both public and private hospitals.
Clinical Establishments Act, 2010Sets minimum standards for facilities and services provided by healthcare providers.
Food Safety & Standards Act, 2006Consolidated laws related to food safety to ensure public health.
National Food Security Act, 2013Provides legal right to subsidized food grains (addressing the nutritional aspect of health).

CASE LAWS

These cases are essential for adding “value-addition” points to your GS2 answers:

1. Parmanand Katara v. Union of India (1989): The Court ruled that every doctor (government or private) has a professional obligation to extend medical aid to preserve life without waiting for legal/police formalities.

2. Paschim Bangal Khet Mazdoor Samity (1996): Held that failure of a government hospital to provide timely treatment is a violation of Article 21.

3. Navtej Singh Johar v. Union of India (2018): Recognized the “Right to Health” as including the right to sexual and reproductive health.

Institutional Governance

    • Minister of Health and Family Welfare: The nodal ministry for health in India
    • National Health Authority (NHA): The apex body implementing Ayushman Bharat PM-JAY.
    • NITI Aayog: Releases the Health Index to promote “Competitive Federalism” by ranking states on health outcomes.
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