Right to Health as a Fundamental Right: The Case for Constitutional Recognition and Expanded Judicial Interpretation Under Article 21

The paper is a critical analysis of the position of the right to health in Indian constitutional system and why it should be explicitly declared as a fundamental right either through a constitutional amendment or through a broader judicial interpretation of Article 21. Based on doctrinal research, seminal Supreme Court decisions, and international best practices, the paper will establish how the right to health has developed in India, and how it is currently constrained by its implicit nature. The study highlights the problem of lacking a explicit constitutional requirement resulting in uneven application, unequal access and the lack of enforceability. It also examines the possible advantages of constitutional recognition such as legal certainty, better accountability, social justice, and stronger preparedness of the population to public health emergencies, particularly in the context of the COVID-19 pandemic. Practical problems, fiscal, federal, and administrative, are also discussed and the research suggests the mechanism of gradual implementation, effective monitoring, and responsibility. The paper eventually makes the legislative and judicial appeal to act swiftly to guarantee the right to health to every citizen as it is crucial to the social and economic progress of India as well as its compliance with the international human rights law.