Government Asked to Explain Exemption of Essential Drugs from DPCO

Justice Mehta also probed the rationale behind excluding certain medicines from the DPCO framework. He asked the Union Health Ministry why a drug that treats a life‑threatening condition could be classified as non‑essential, thereby escaping price caps.

The Court highlighted that the Essential Medicines Act brings all critical drugs under regulatory oversight. Excluding a cancer drug contradicts the spirit of the act and places an undue financial strain on taxpayers, especially when the treatment is funded through schemes like Ayushman Bharat.

The judges emphasized that if a drug is deemed essential, it must be brought under DPCO control, ensuring a transparent and reasonable pricing structure.

A comprehensive response from the Centre is expected at the next hearing, where the Court will decide whether any legislative amendment is required.