Search Results Page
Search Results
1 - 7 of 7 (0.21 seconds)Article 21 in Constitution of India [Constitution]
Article 47 in Constitution of India [Constitution]
Asfakbhai I. Khatri vs The State Of Gujarat & 1 - Opponent(S) on 21 March, 2006
“16. It is no doubt true that financial
resources are needed for providing these facilities.
But at the same time it cannot be ignored that it is
the constitutional obligation of the State to provide
adequate medical services to the people. Whatever
is necessary for this purpose has to be done. In the
context of the constitutional obligation to provide
free legal aid to a poor accused this Court has held
that the State cannot avoid its constitutional
obligation in that regard on account of financial
constraints. [See: Khatri (II) v. State of Bihar
Page 9 of 22
https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/04/2025 12:39:57 pm )
W.P.(MD) Nos.11886 of 2019 & 19218 of 2024
[(1981) 1 SCC 627 : 1981 SCC (Cri) 228], SCC at
p. 631.] The said observations would apply with
equal, if not greater, force in the matter of discharge
of constitutional obligation of the State to provide
medical aid to preserve human life. In the matter of
allocation of funds for medical services the said
constitutional obligation of the State has to be kept
in view. It is necessary that a time-bound plan for
providing these services should be chalked out
keeping in view the recommendations of the
Committee as well as the requirements for ensuring
availability of proper medical services in this regard
as indicated by us and steps should be taken to
implement the same. The State of West Bengal alone
is a party to these proceedings. Other States, though
not parties, should also take necessary steps in the
light of the recommendations made by the
Committee, the directions contained in the
memorandum of the Government of West Bengal
dated 22-8-1995 and the further directions given
herein.”
(emphasis supplied)
State Of Punjab & Ors vs Mohinder Singh Chawla Etc on 17 December, 1996
To such a
view, we are supported by a decision of the Hon'ble
Supreme Court in the case of State of Punjab vs.
Mohinder Singh Chawala and Others, [(1997) 2
SCC 83] and the relevant portion is extracted
hereunder:
State Of Punjab & Ors vs Ram Lubhaya Bagga Etc. Etc on 26 February, 1998
A similar view has also been held down in the State
of Punjab vs. Ram Lubhaya Bagga, [(1998) 4 SCC
117], as follows:
Paschim Banga Khet Mazdoor Samity & Anr vs The State Of West Bengal & Ors on 8 May, 2023
13. The decision in Paschim Banga Khet Mazdoor Samity Vs.
State of W.B. reported in (1996) 4 SCC 37 is one such decision, in which
the Hon'ble Supreme Court had held as follows:-
1