Unit 1 of Law and Medicine (syllabus: Module 1 — the right to health under the Constitution, the health-care delivery system, standards and accreditation, regulation of the profession under the National Medical Commission Act 2019 and the councils for Indian medicine and homoeopathy, registration and professional conduct, and the systems of medicine). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- Is there an express right to health in the Constitution, and if not, where does it come from?
- What did Parmanand Katara decide about a doctor's duty to an accident victim?
- How is the public health-care delivery system organised, and what happens when a tier fails?
- What must a person do before starting a clinical establishment?
- What scheme does the National Medical Commission Act 2019 put in place of the Medical Council of India?
- Why is registration on a medical register so important?
- What is professional misconduct, and how is it dealt with?
- Is crosspathy lawful, and what is the consequence of practising a system one is not qualified in?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Constitution of India, s. Article 21, with Articles 39(e), 41, 42, 47 and 48A
- Motor Vehicles Act 1988, s. s. 134(a)
- Constitution of India, s. Article 21
- Clinical Establishments (Registration and Regulation) Act 2010, s. ss. 11, 12, 13, 28
- National Medical Commission Act 2019, s. ss. 10, 15, 16, 31, 60, 61
- National Medical Commission Act 2019, s. s. 34
- National Medical Commission Act 2019, s. s. 30
- Indian Medicine Central Council Act 1970, s. s. 17(3)(b)
Leading cases
- State of Punjab v Mahinder Singh Chawla; M.C. Mehta v Union of India
- Pt. Parmanand Katara v Union of India
- Paschim Banga Khet Mazdoor Samity v State of West Bengal
- Poonam Verma v Ashwin Patel
Full case summaries
- Pt. Parmanand Katara v Union of India (1989)
- Paschim Banga Khet Mazdoor Samity v State of West Bengal (1996)
- State of Punjab v Mahinder Singh Chawla (1997)
- Poonam Verma v Ashwin Patel (1996)
- Jacob Mathew v State of Punjab (2005)
- Indian Medical Association v V.P. Shantha (1995)