VidhiSangh

Supreme Court of India · 03/03/2025

SIDDHARTH DALMIA & ANR. versus UNION OF INDIA & ORS.

[2025] 4 S.C.R. 197 · 2025 INSC 351

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Summary

A public-interest writ petition under Article 32 sought to restrain private hospitals from compelling patients to buy medicines, implants and consumables from hospital pharmacies at inflated prices and to direct the Union and States to frame a regulatory policy. The Court held that the matter involves policy choices best left to the executive, that public health and hospitals fall within the State List, and disposed of the petition by directing all State Governments to consider the issue and take appropriate policy decisions, without expressing any opinion on the merits.

Issues

  1. Whether the pricing of drugs, equipment and accessories sold by pharmacies run by or tied to private hospitals can be regulated through administrative or legislative measures.
  2. If so, what the extent of such measures can be.
  3. What mechanism should enforce such measures and to whom that task can be entrusted.

Provisions considered

Held

Result

Writ petition disposed of with a direction to all State Governments to consider the issue of unreasonable charges by private hospital pharmacies and take appropriate policy decisions; no opinion expressed on merits; pending interlocutory applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 197.