Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986

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 The Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986 is a cornerstone in the Indian judicial history, highlighting the delicate balance of power between the executive and legislative branches of government . The case stemmed from a practice that had become routine for the Bihar government: the re-promulgation of ordinances without legislative approval, a process that Dr. D.C. Wadhwa, an economics professor, found to be a subversion of democratic principles . The Supreme Court's decision in this case was a resounding affirmation of constitutional law and its supremacy over executive convenience. By declaring the practice of re-promulgating ordinances without legislative consent as unconstitutional, the court reinforced the necessity of legislative scrutiny and the impermanence of ordinances, which are meant to be emergency measures, not a backdoor for enacting laws. This landmark judgment serves as a reminder of the importance of checks and balances within
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🔴WHAT IS THE RIGHT TO HEALTH?

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🔴WHAT IS THE RIGHT TO HEALTH?

👉• Rural communities in India suffer from a significant lack of access to healthcare. This lack of access results in high rates of maternal mortality, infant mortality, and malnutrition, as well as low life expectancy and low vaccination rates.


✴️The WHO Constitution (1946) envisages “the highest attainable standard of health as a fundamental right of every human being .”
o Fundamental Rights: Article 21 of the Indian Constitution guarantees a fundamental right to life & personal liberty. The right to health is inherent to a life with dignity.
✴️o DPSP: Articles 38, 39, 42, 43, & 47 put the obligation on the state in order to ensure the effective realization of the right to health.


🚩o landmark judgment in Parmanand Katara Vs Union of India (1989), Supreme Court had ruled that every doctor whether at a government hospital or otherwise has the professional obligation to extend his services with due expertise for protecting life.

🔱The Challenges and innovative solutions to rural health dilemma -
according to the data of National Rural Health Mission .

🔱It is observed that 70% of population has no access to specialist care as 80% of specialists live in urban areas. Only 13% of rural population have access to primary health centers, 33% to sub-center and 9.6% to a hospital (NFHS-II).

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