State Of Punjab & Ors vs Ram Lubhaya Bagga Etc. Etc on 26 February, 1998
under Article 21 and under Article 47 of the Constitution. The obligation includes improvement of
public health as its primary duty. Learned counsel for the appellant on the other hand does not deny
such a right but urges that the same can be placed within permissible limits by rules and policies
laid down. The right claimed may be sacrosanct, which has to be given, but the same can be put
within reasonable limits, under a policy which is framed after taking into consideration various
factors. Thus the only question is, whether the new policy is arbitrary, unreasonable violative of any
law or principle to be struck down. Of corse it has to stand to the test of reasonableness and not to
erode or curtail any of the Constitutional or Statutory right of any employee, If not, the claim cannot
go beyond the policy.
Shri Rajeev Dhawan, learned senior counsel appearing for the appellants submits with force that it
would be no violation, if medical facility in absolute term as desired is not provided because of any
financial constraints viz. lack of financial resources or for such other reasons. No right under the
Constitution is absolute in term. It has to be balanced with the need, equity and the resources
available.
In Vincent Panikurlangara vs. Union of India: (1987 ) 2 SCC 165;
"Para 16 - In a series of pronouncement during the recent years this court has called
out from the provisions of part IV of the Constitution these several obligations of the
State and Called upon it to effectuate them in order that the resultant pictured by the
Constitution Fathers may become a reality. As pointed out by us, maintenance and
improvement of public health have to rank high as these are indispensable to the very
physical betterment of these depends the building of the society of which the
Constitution makers envisages. Attending to public health, in our opinion, therefore,
is of high priority - perhaps the one at the top."
" The expression 'life' assured in Article 21 does not connote mere animal existence or
continued drudgery through life. It has a much wider meaning which includes right
to livelihood, better standard of living, hygienic conditions in the work place and
leisure facilities and opportunities to eliminate sickness and physical disability of the
workmen. Health of the workman enables him to enjoy the fruits of his labour, to
keep him physically fit and human right to protect his health. In that case health
insurance, while in service or after retirement was held to be a fundamental right and
even private industries are enjoined to provide health insurance to the workmen."
In Kirloskar Brothers Ltd. vs. Employees State Insurance corporation, 1996 (2) SCC
682; "Para 9 - The Constitution envisages the establishment of a welfare State at the
federal level as well as at the State level. In a welfare State the primary duty of the
Government is to secure the welfare of the people. Providing adequate medical
facilities for the people is an essential part of the obligations under taken by the
Government in the welfare State. The Government discharges this obligation by
running hospitals and health centers which provide medical care to the person
seeking to avail of those facilities. Article 21 imposes an obligation on the State to
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