Confederation of Ex-Servicemen Associations and Others v. Union of India and Others
India Supreme Court
(2007) 2 MLJ 427 (SC) (2006)
- Written by Kelly Simon, JD
Facts
The Confederation of Ex-Servicemen Associations (the confederation) (plaintiff), on behalf of former defense personnel and their families, filed a writ petition against the Indian government (defendant). The confederation argued that ex-servicemen possessed a constitutional right to free medical care that the Indian government should have been providing. During the pendency of the litigation, India created the Ex-Servicemen Contributory Health Scheme (ECHS) to provide medical care to retired defense personnel. Under the ECHS, qualifying individuals each paid a one-time contribution in return for membership in and access to the healthcare system. The required contributions ranged from Rs. 1,800 to Rs. 18,000. Ex-servicemen receiving smaller pensions made smaller initial contributions, and ex-servicemen with larger pensions were required to make larger initial contributions. In 2006, a hearing on the writ petition was held by a five-judge panel of the India Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Thakker, J.)
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