When a petition under Article 32 of the Constitution raises an issue of public importance that turns on policy, will the Supreme Court issue mandatory directions?

Not ordinarily. Where the issues, though of paramount public importance, primarily involve policy decisions, the policy-makers are the best equipped to take a holistic view and formulate the guidelines as may be required. The Court held it may not be advisable to issue mandatory directions which may hamper the growth of hospitals in the private sector, while still finding it necessary to sensitize the State Governments about unreasonable charges and exploitation of patients.

Constitution of India — Arts. 21, 32, 38, 39, 47 — List II (State List) — Public health — Private hospitals — Pricing of drugs — Policy decisions — Judicial restraint — Constitution of India — Art. 32 — Policy decisions — Scope for mandatory directions — Held: Issues of paramount public importance that primarily involve policy decisions are for the policy-makers, who are best equipped to take a holistic view and formulate the guidelines; mandatory directions that would hamper the growth of hospitals in the private sector are not advisable. (¶15, 17) Constitution of India — Art. 21, Part IV — Medical facilities — Right to life — Held further: Provision of medical facilities to one and all is an essential component of the right to life, and where the requisite medical infrastructure falls short of the population the States have themselves facilitated private entities and look to them. (¶13) Constitution of India — List II (State List) — Public health and hospitals — State competence — Held further: Public health and sanitation, hospitals and dispensaries fall in the State List, so regulation of this kind must come from the State Governments keeping their local conditions in mind; writ petition disposed of with a direction to consider the issue. (¶16, 18)

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