The question (12 marks)
The Constitution of India nowhere guarantees a right to health in terms. Trace how the Supreme Court nevertheless made health and medical care a fundamental right, and explain what that right demands of the State and of the individual doctor. Support your answer with decided cases. (12 marks)
MU Module I, right to health and the health-care system; pack ch. 01.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Right to Health and the Medical Profession of Law and Medicine.
Authorities you will need
- Article 21 of the Constitution, read with Articles 39(e), 41, 42 and 47
- State of Punjab v Mahinder Singh Chawla
- Pt. Parmanand Katara v Union of India
- Paschim Banga Khet Mazdoor Samity v State of West Bengal
- M.C. Mehta v Union of India
- Motor Vehicles Act 1988, s. 134(a); Bharatiya Nagarik Suraksha Sanhita 2023, s. 397 with Bharatiya Nyaya Sanhita 2023, s. 200
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.