Home / Current Issue / Paper 1715989
Judicial Activism and the Expansion of the Right to Health under the Indian Constitution
Subject area: Arts, Social Sciences and Humanities · Area of research: Constitutional Law & Right to Health
DOI: 10.64388/IREV9I10-1715989
Abstract
The right to health is not expressly articulated as a fundamental right in the Constitution of India. However, through judicial activism—especially expansive interpretation of Article 21 (Right to Life and Personal Liberty)—Indian courts have consistently recognized health as an intrinsic component of human dignity and constitutionally protected life. This research paper analyzes the role of the Indian judiciary in expanding the right to health, explores the constitutional foundations, key case law, the nature of judicial activism involved, and critiques challenges and implications of this jurisprudential evolution.
References
[1] D.N. Harini, Right to Health as a Fundamental Right: Constitutional and Judicial Perspectives (IJLR, 2025). (IJLR)
[2] Legal Service India analysis of judicial expansion of Article 21 rights. (Legal Service India)
[3] Constitutional Mandates and Judicial Interpretation of Right to Health. (Legal Service India)
[4] Recent Supreme Court recognition of mental health as part of Article 21. (The Times of India)
[5] Judicial enforcement of health rights for accused and prisoners. (Supreme Today)
[6] https://indiankanoon.org/doc/1199182
[7] https://www.scribd.com/document/984106358/Class-9-Annual-Revision-Civics
[8] https://www.legalbites.in/right-to-medical-aid-under-article-21-parmanand-katara
How to cite this paper
@article{1715989,
author = {Nidhi Sharma, Dr. Vir Vikram Bahadur Singh},
title = {Judicial Activism and the Expansion of the Right to Health under the Indian Constitution},
journal = {Iconic Research And Engineering Journals},
year = {2026},
volume = {9},
number = {10},
pages = {503-511},
issn = {2456-8880},
url = {https://www.irejournals.com/formatedpaper/1715989.pdf},
abstract = {The right to health is not expressly articulated as a fundamental right in the Constitution of India. However, through judicial activism—especially expansive interpretation of Article 21 (Right to Life and Personal Liberty)—Indian courts have consistently recognized health as an intrinsic component of human dignity and constitutionally protected life. This research paper analyzes the role of the Indian judiciary in expanding the right to health, explores the constitutional foundations, key case law, the nature of judicial activism involved, and critiques challenges and implications of this jurisprudential evolution.},
month = {April},
doi = {https://doi.org/10.64388/IREV9I10-1715989}
}