A. Fundamental Rights (Part III)
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- 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.
- Article 21 (Right to Life): The Supreme Court has repeatedly held that the “Right to Life” includes the Right to Health.
B. Directive Principles of State Policy (Part IV)
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- 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)
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- 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
| Act | Key Objective/Provision |
|---|---|
| National Medical Commission Act, 2019 | Regulates medical education and profession (replaced MCI). |
| Mental Healthcare Act, 2017 | Decriminalized suicide and guaranteed the right to mental health services for all. |
| Right to Health Act (Rajasthan), 2023 | First of its kind: Makes emergency treatment a legal right without prior payment in both public and private hospitals. |
| Clinical Establishments Act, 2010 | Sets minimum standards for facilities and services provided by healthcare providers. |
| Food Safety & Standards Act, 2006 | Consolidated laws related to food safety to ensure public health. |
| National Food Security Act, 2013 | Provides 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
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- 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.
