Access to Essential Drugs and Drug Pricing Policy in India: A Critical Study

Abstract

The Supreme Court of India, through various landmark case laws, has affirmed that the right to health is an integral component of the fundamental right guaranteed under Article 21 of the Indian Constitution. Despite India being one of the countries with low drug prices globally, a significant portion of its population still struggles to access essential medications. The existing regulatory framework for drug pricing in India has proven inadequate in ensuring widespread access to essential drugs, thus necessitating the development of a more comprehensive and structured legislation to address this pressing issue. This research study elucidates the concept and significance of the right to health, emphasizing the critical importance of access to essential drugs. It underscores that the right to health and medical care is an inseparable facet of the right to life as enshrined in Article 21 of the Indian Constitution, and it explores the pivotal role played by the judiciary in upholding and safeguarding this fundamental right of the people.