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