LIC of India v Consumer Education and Research Centre

(1995) 5 Supreme Court Cases 482Supreme Court of India1995Constitutional Law I

Rule established

Right to health and medical care is a fundamental right under Article 21; the State and its instrumentalities must ensure workers' health in hazardous industries.

Facts

Workers in asbestos industries suffered occupational health hazards
Consumer Education and Research Centre filed a PIL seeking enforcement of workers' right to health, medical care, and safe working conditions as part of the right to life under Article 21

Issue

Whether the right to health and medical care of workers in hazardous industries is a fundamental right under Article 21 of the Constitution.

Held

The right to health, medical aid, and a safe working environment is a fundamental right under Article 21, read with Articles 39(e), 41, 43, and 48A (Directive Principles)
The employer, particularly the State and its instrumentalities, have an obligation to provide health insurance, periodic medical examination, and safe conditions to workers exposed to occupational hazards
Workers in hazardous industries are entitled to health insurance at the employer's cost

Ratio Decidendi

The right to health is a fundamental right enforceable under Article 21, read with Directive Principles in Articles 39, 41, 43. The State and its instrumentalities must ensure workers' health in hazardous industries through insurance, medical care, and safe working conditions.

How to use it in an exam

Part A: Authority for the expansion of Article 21 to include right to health and safe working conditions.
Part B: Illustrates the technique of reading Directive Principles into Article 21 to make them enforceable. Pair with Olga Tellis (right to livelihood) and Francis Coralie Mullin (right to live with dignity).
Key line: "Right to health is a fundamental right under Article 21, read with Directive Principles."

Source

Source: (1995) 5 Supreme Court Cases 482

This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.

Cited in study notes

Constitutional Law IPreamble to the Indian ConstitutionPreamble's promise of justice, social/economic, enforced through Art.21

Constitutional Law IArticle 21 Right to Life and Personal LibertyExpansion of Art.21 to include right to health