The Supreme Court dismissed a PIL seeking a writ of mandamus to direct the Government and insurance companies to formulate a universal health insurance scheme for birth defects. The Court held that formulating such policies and schemes is an executive and legislative function beyond the scope of judicial review.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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and after delivery.
(B) ISSUEa Writ of mandamusto the Union ofIndia to make a national program for the management of birth defects to ensure adequate facilities available in all districts and medical colleges for routine fetal screening during pregnancy for congenital anomalies. (C) PASS such other order or orders as this Hon'ble court may deemfit and proper in thefacts and circumstancesof the present case."
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W.P.(C)5446/2014
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statistics are indicated in the submissions made and it is stated that penetrationof insuranceinto the general populationis very low. Adequate number of health'policies or scheme to cater the large populationis not available, a large number of people belonging to the under-privilegedor economicallybackward have to depend upon Governmenthospital where facilitiesare minimumand in the absence of properhealth care scheme and proper health insurance in this respect the Fundamental Rights available under Article 14, 21 and 19 are deprived. Referring to the rules and regulations of the Insurance Regulation and DevelopmentAct, 1999 the powers available: to the Central: Goverimierit under Section 18, which empowers the Central Government to, issue directions to the insurance companies, the Iprayer made, iSj that a mandamus be issued to the Governmentor to the insurancecompaniesthroughthe regulatoryauthority or the general insurance corporation to formulate and make available health insurance policies/schemesor any as may be permissibleto caterto the need of this categoryof per^ns 4; 4. Relianceis placedon certain:^|udgmentsis referredto say that it is the constitutional responsibility of the Government to do so. That apart, referringto certain schemes formulMed by^the Governmentlike the Rashtriya Bal Swasthya Karyakram (RBSK) under the National Rural Health Mission (NRHM), problems faced in the implementation of the scheme, the Pradhan Mantri Matru Vandana Yojana, the Pradhan Mantri Suraksha Bima Yojana, it was emphasised before us that the benefits available under all these schemes and provisions are not adequate or sufficient enough to take care of the problems highlighted by the petitioner and therefore it iis argued that the mandamus be issued as prayed for.
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particular illness or ailment against its wishes and contrary to the product underwriting decision of the insurer company. It is argued that there is no legal or constitutional obligation on the part of the insurance companies to notify or bring into place such insurance policies.
8, Respondent No.5 - the Insurance Regulatory and Development Authority of India (IRDAI) also raises similar objection and in addition pointed out that various policies are already available in the market which also cover congenital anomalies. They argued that a mandamus of the nature cannot be issued. In sum and substance the objections of the respondents are two folded. They questioned the maintainability of the petition and the consequential jurisdiction of this Court indssuing a mandamus as prayed for, primarily on the ground that it would amount to legislating or directing the respondents by a mandamus to .lay down certain policies for health management which according to them ;is not permissible in law and in supportofthe aforesaidthey rel^ upon,the fqlfe
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National Neonatal'Prenatal Database Report of 2002-2003,mismanagement of birth defects in India, instances of congenital malformation and newspaper reports' to say that the problems highlighted by him is of great public importance and therefore the mandamus as prayed for should be granted.
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respondents No.l and 2 various schemes and programmes are available for dealing with various issues as canvassedby the petitioner, the question is can mandamus be issued to formulate a policy or legislate or bring into place statutory rule or regulation as prayed for or can a mandamus be issued to the I • . insurance companies through the statutory authorities like the General I Insurance Corporation or the Insurance Regulatory Development Authority of India (IRDAI) to bring into place a suitable insurance contract or insurance policy to deal with the issue in question.
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only when th^ere is dereliction of constitutional or statutory obligation by the Government. Courts will interfere only when statutory provisions of rules are violated. Courts are not expected to and should not enter into policy I making legislation or laying down schemes or policy for public at large. These are within the executive exclusive domain left to the field of governance by the elected majority and the court is not required to go into these aspects of the matter. These in sum and substance are the law laid down by the Supreme Court in the two cases as referred to hereinabove so also in the case of Suresh Seth {supra), Balco Employees Union {supra) and catena of other judgments identical in nature.
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the issue with the JGovernment or pubHc authorities through appropriate forum, we refrain ourselves for making any indulgence into the matter. 16. The writ petition is accordingly dismissed.
CHIEF JUSTICEust:
V. KAMESWAR RAO, J
DECEMBER 06,2018/m .
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3 issues framed by the court
Whether a writ of mandamus can be issued directing the Government to formulate a universal health insurance policy and national program for birth defects.
Whether courts can intervene to direct the insurance industry to bring into place specific insurance schemes for congenital anomalies.
Whether the formulation of health policies and schemes falls within the exclusive domain of the executive and legislature.
Colour shows how this judgement treated each authority
Suresh Chand & Ors.Referred¶13
Suresh Chand & Ors. (2016) 11 SCC 727 · Who else cites this
State of Kerala & Ors. v. Kandath DistilleriesReferred¶13
State of Kerala & Ors. v. Kandath Distilleries (2013) 6 SCC 573 · Who else cites this
Suresh Seth v. Comm. Indore Municipal Corp.Referred¶13
Suresh Seth v. Comm. Indore Municipal Corp. & ors. (2005) 13 SCC 287 · Who else cites this
Balco Employees Union (Regd.) v. UOI & Ors.Referred¶13
Balco Employees Union (Regd.) v. UOI & Ors. (2002) 2 SCC 333 · Who else cites this
Indian Epilepsy Association Bangalore Chapter v. UOI & Ors.Explained¶15
Indian Epilepsy Association Bangalore Chapter v. UOI & Ors. W.P.(C) 32804/1996
Petitioner (unnamed)
Union of India
Ministry of Finance
Ministry of Health
General Insurance Council of India
Insurance Regulatory and Development Authority of India
CJ Rustagi
V. Kameswara Rao
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
