State for it to perform its this obligation with top priority
including by way of allocation of sufficient funds. This in turn
will not only secure the right of its citizen to the best of their
satisfaction but in turn will benefit the State in achieving its
social, political and economical goal. For every return there
has to be investment. Investment needs resources and finances.
So even to protect this sacrosanct right finances are an
inherent requirement. Harnessing such resources needs top
priority.
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29. No State of any country can have unlimited resources to
spend on any of its projects. That is why it only approves its
projects to the extent it is feasible. The same holds good for
providing medical facilities to its citizens including its
employees. Provision of facilities cannot be unlimited. It has to
be to the extent finances permit. If no scale or rate is fixed then
in case private clinics or hospitals increase their rate to
exorbitant scales, the State would be bound to reimburse the
same. Hence we come to the conclusion that principle of
fixation of rate and scale under this new policy is justified and
cannot be held to be violative of Article 21 or Article 47 of the
Constitution of India.
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32. Any State endeavour for giving best possible health facility
has direct co-relation with finances. Every State for
discharging its obligation to provide some projects to its
subject requires finances. Article 41 of the Constitution gives
recognition to this aspect.
―41. Right to work, to education and to public assistance
in certain cases.—The State shall, within the limits of its
economic capacity and development, make effective
provision for securing the right to work, to education and
to public assistance in cases of unemployment, old age,
sickness and disablement, and in other cases of undeserved
want.‖
W.P.(C) 7279/2013
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