LexSIDDHARTH DALMIA & ANR. versus UNION OF INDIA & ORS.
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[2025] 4 S.C.R. 197 : 2025 INSC 351 Siddharth Dalmia & Anr. v. Union of India & Ors. (Writ Petition (C) No. 337 of 2018 ) 04 March 2025 [Surya Kant* and Nongmeikapam Kotiswar Singh, JJ.] Issue for Consideration In the instant Writ petition, purportedly filed in Public Interest, the Petitioner sought a direction to the private hospitals not to compel the patients to buy the medicines, etc. from the pharmacies recommended by them. The issues were (i) whether the affairs of the private hospitals, nursing homes, medical institutes, etc. with reference to the fixation of prices of drugs, equipment, or other accessories sold from the pharmacies run by them and/or with whom they have some commercial agreement, can be regulated through administrative or legislative measures? (ii) If so, what can be the extent of such measures? and (iii) What is the mechanism to enforce such measures and to whom such task can be entrusted. Headnotes† Constitution of India – Part IV; Seventh Schedule, List II – Problem of unreasonable charges and exploitation of patients in private hospitals – Not advisable for the Court to issue mandatory directions – Necessity to sensitize the State Governments – Direction to all the State Governments to take appropriate policy decisions: Held: The States have committed themselves to provide medical facilities to the people in furtherance of the duty and vision enshrined in Part IV of the Constitution – However, in proportion to the population of this country, the States have not been able to develop the requisite medical infrastructure to cater to the needs of all kinds of patients – The States have, therefore, facilitated and promoted private entities to come forward in the medical field – Not only the people, even the States look towards these private entities to provide basic and specialized medical facilities to the public at large – The subject of public health and sanitation, * Author 198 [2025] 4 S.C.R. Supreme Court Reports hospitals, and dispensaries falls under List-II-the State List – It may not be advisable for this Court to issue mandatory directions which may hamper the growth of hospitals in the private sector; but parallelly, it is necessary to sensitize the State Governments re: the problem of unreasonable charges and exploitation of patients in private hospitals – Consequently, this Writ Petition is disposed of with a direction to all the State Governments to consider this issue and take appropriate policy decisions as they may deem fit. [Paras 13, 16 and 17] Constitution of India – Art. 21 – Right to life – Provision of medical facilities to one and all is an essential component of the right. [Para 13] Case Law Cited State of Punjab v. Ram Lubhaya Bagga [1998] 1 SCR 1120 : (1998) 4 SCC 117; Paschim Banga Khet Mazdoor Samity v. State of W.B. [1996] Supp. 2 SCR 331 : (1996) 4 SCC 37; Vincent Panikurlangara v. Union of India [1987] 2 SCR 468 : (1987) 2 SCC 165; In Re : Section 6A of the Citizenship Act 1955 [2024] 10 SCR 961: 2024 SCC OnLine SC 2880; Suman Kumar v. Union of India, 2023 SCC OnLine SC 1750; Transport & Dock Workers Union v. Mumbai Port Trust [2010] 14 SCR 873 : (2011) 2 SCC 575; and Govt. of A.P. v. N. Subbarayudu [2008] 5 SCR 522 : (2008) 14 SCC 702 – referred to. List of Acts Constitution of India. List of Keywords Public Interest; Private hospitals; Unreasonable charges and exploitation of patients in private hospitals; Mandatory directions; Sensitize the State Government; Policy decisions; Public health and sanitation, hospitals, and dispensaries; State List; Right to life; Medical facilities. Case Arising From CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No. 337 of 2018 (Under Article 32 of the Constitution of India) [2025] 4 S.C.R. 199 Siddharth Dalmia & Anr. v. Union of India & Ors. Appearances for Parties Advs. for the Respondents: Mohd Irshad, A.A.G., Lenin Singh Hijam, Adv. Gen./Sr. Adv., Anup Kumar Rattan, Advocate General, Sudarshan Lamba, Shailesh Madiyal, Devashish Bharukha, Vikrant Yadav, Akshay Amritanshu, Guntur Pramod Kumar, Ms. Prerna Singh, Dhruv Yadav, Ms. G. Indira, Abhimanyu Tewari, Ms. Eliza Bar, Samir Ali Khan, Pranjal Sharma, Anil Verma, Abhimanyu Jahmba, Varun Chugh, Krishna Kant Dubey, Vatsal Joshi, Ms. Indira Bhakar, Ms. Mrinal Elkar Mazumdar, Shreekant Neelappa Terdal, Ms. Ankita Sharma, Arjun D Singh, Ms. Poonam Dola, M/s. K J John And Co, Ms. Swati Ghildiyal, Ms. Neha Singh, A
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