RIGHT TO HEALTH AS A FUNDAMENTAL RIGHT: CONSTITUTIONAL AND JUDICIAL PERSPECTIVES

AUTHOR – D.N. HARINI, STUDENT AT VELS SCHOOL OF LAW, VELS INSTITUE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS), CHENNAI – 600 117

BEST CITATION – D.N. HARINI, RIGHT TO HEALTH AS A FUNDAMENTAL RIGHT: CONSTITUTIONAL AND JUDICIAL PERSPECTIVES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1289-1293, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The concept of the right to health, though not expressly articulated as a fundamental right in the Indian Constitution, has found strong backing through judicial interpretation under Article 21, which guarantees the right to life and personal liberty. This paper examines the constitutional provisions and landmark judicial decisions that have contributed to the development of the right to health in India. By interpreting the right to life in a holistic manner, the judiciary has firmly incorporated the right to health within the ambit of enforceable fundamental rights. The article also discusses the challenges in implementing this right, the role of international obligations, and offers suggestions to strengthen health jurisprudence in India.

Keywords – Right to Health, Fundamental Rights, Constitution of India, Judicial Interpretation, Article 21, Public Health, Directive Principles, Welfare State