Common Cause (A Registered Society) v. Union of India

Writ Petition (Civil) · Neutral citation not assigned (Writ Petition (Civil) No. 215 of 2005)Decided 25 Feb 2014
Writ Petition (Civil) No. 215 of 2005
Chief Justice P. Sathasivam · Justice Ranjan Gogoi · Justice Shiva Kirti Singh

Background

This is a referral order, not a final judgment. A public-interest society sought recognition of a right to die with dignity and a framework for advance instructions about end-of-life treatment. It wanted patients to be able to state their wishes before illness left them unable to communicate. The Union opposed the request, and the parties relied on earlier judgments concerning euthanasia.

Decision Breakdown

This is a referral order, not a final judgment. The Supreme Court referred the matter to a Constitution Bench for an authoritative decision. It identified inconsistencies in how the earlier Aruna Shanbaug judgment had interpreted the larger-bench decision in Gian Kaur. The constitutional, medical and social implications required fuller consideration rather than resolution by this three-judge bench. It left the larger bench free to examine all aspects and frame guidelines, without granting the requested living-will scheme in this order.

Lesson Learnt

This 2014 order was a referral for further consideration, rather than a final authorisation of advance directives or withdrawal of treatment. A procedural referral should not be presented as though it had already decided the underlying right.

Constitutional LawSupreme Court of India

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Relying on its own 2025 ruling on a near-identical earlier notification concerning the same drug combination, the Court held that since the notification used the word "shall" without any express provision for retrospective effect, and took effect only upon Gazette publication, it operates prospectively from 18.08.2026 and cannot be applied to stock manufactured earlier. The Court disposed of the petition on terms: Glenmark must label all stock made after 18.08.2026, publish clear public notices in one English and one Hindi national newspaper and issue advisories to doctors, chemists and retailers within two weeks, and file an affidavit detailing pre-notification stock within four weeks, subject to which no coercive recall action under Section 28B would be taken against it.

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