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VOL. 8, ISSUE 1 (2026)
The jurisprudential evolution of health law in India: Interfacing constitutional mandates, regulatory frameworks, and ethical imperatives
Authors
Prabhash Kumar Shukla, Mahi Tiwari
Abstract
The legal landscape governing public health in India has undergone a
profound transformation, evolving from colonial-era administrative management
to a sophisticated, rights-based constitutional discourse. While the Indian
Constitution does not explicitly enumerate the right to health as a fundamental
right, the judiciary has, through an expansive and purposive interpretation of
Article 21, elevated it to a cornerstone of a dignified life. This doctrinal
research article explores the intricate intersection of constitutional
mandates, statutory regulations, and medical ethics in India. It provides an
exhaustive analysis of the transition from the Medical Council of India (MCI)
to the National Medical Commission (NMC), the rights-based shift in mental
healthcare evidenced by the 2025 Sukdeb Saha guidelines, and the emergent
challenges of data privacy in the digital health era. By scrutinizing landmark
judicial pronouncements, including Paschim Banga Khet Mazdoor Samity, Jacob
Mathew, Puttaswamy, Common Cause, and Parmanand Katara, the article delineates
the positive obligations of the state and the professional duties of medical
practitioners. Furthermore, it addresses persistent gaps between normative
constitutional promises and structural inequalities, such as the 2025 CBI
investigations into regulatory corruption. The article concludes by proposing a
centralized Public Health Emergency Management Act (PHEMA) to reconcile
commercial interests with the sanctity of human life.
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Pages:226-232
How to cite this article:
Prabhash Kumar Shukla, Mahi Tiwari "The jurisprudential evolution of health law in India: Interfacing constitutional mandates, regulatory frameworks, and ethical imperatives". International Journal of Law, Policy and Social Review, Vol 8, Issue 1, 2026, Pages 226-232
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