Kerala High Court Upholds the Clinical Establishments Act, which Mandates Display of Fees Charged

Kerala High Court Upholds the Clinical Establishments Act, which Mandates Display of Fees Charged

  • Case Name: Indian Medical Association & Ors. v. State of Kerala & Ors.

The Kerala High Court has upheld the constitutional validity of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018, which requires hospitals to display fees charged for every clinical establishment for its services.

The Indian Medical Association and other associations had challenged Sections 25 and 39 of the Act, alleging excessive delegation and violation of rights.

Justice Harisankar V. Menon rejected these arguments, cited the Sabu P. Joseph case and held that the law is patient-centric and ensures transparency. 

The Court stressed that the legislation does not infringe on fundamental rights under Articles 14 and 21 and promotes accountability in clinical establishments through due process.

Read Order / 9 months ago

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