Right To Health And Rule Of Law: An Indian Socio-Legal Study




Rajiv G, Assistant Professor, B.M.S. College of Law, Bengaluru and Research Scholar, Vel Tech (Deemed to be) University, Avadi, Chennai, Tamil Nadu.


ABSTRACT


The concept of “Rule of Law” is the building square on which the advanced majority rule society is established. For the effective working of the nation it is basic that there's authorization of law and of all contracts based on law. Laws are made for the welfare of the individuals to preserve agreement between the clashing strengths in society. One of the prime objects of making laws is to preserve law and arrange in society and create a serene environment for the advance of the individuals. The concept of Rule of Law plays a vital part in this process. In counting this as a prerequisite for the rule of law, Dicey’s conviction was that it was to basically incorporate the over two standards within the structure of the nation or in its other laws for the state to be one in which the standards of rule of law are being taken after. There must be an upholding authority and Dicey believed that this authority may be found within the courts. The courts are the authorities of the rule of law and they must be both fair-minded and free from all outside impacts. Hence the flexibility of the legality gets to be a critical column to the rule of law. In the context Rule of Law has come to be caught on as a framework which has shields against official intervention, anticipates political agitation and permits individuals to arrange the lawful results of their activities.

Now another important area of the law and applicability of the same in the society has been the concept of public health. The operative portion of how public health has been insured is witnessed by way of judicial predicaments through time and again before the Supreme Court of India. The courts have led many judgments which has ensured the right to public health as a fundamental right by way of bridging Article 21 of the Constitution and also and showing the proper functioning of legislative framework through the fulfilment of the golden triangle principle in holding Article 14, 19, and 21 in consonance to each other. The researcher through this paper aims to understand the concept of rule of law and its operation through the lens of right to health and its operability in India in a socio legal dimension.


Keywords: Rule of Law, Right to Health, Healthcare, Public Health, Article 21.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Open Access Logo

Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.