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BALANCING ACCESS AND CONTROL: A JUDICIAL INQUIRY OF DRUGPRICING IN PAKISTAN
Abstract
Abstract
This article undertakes a critical examination of the judicial scrutiny of the drug pricing mechanism in Pakistan,with specific reference to the Drug Pricing Policy, 2018. It analyses the statutory and regulatory frameworkgoverning the fixation and regulation of drug prices in the light of constitutional and administrative lawprinciples as interpreted by the superior Courts of Pakistan. The study traces the genesis of the Drug PricingPolicy, 2018, emphasizing that its promulgation was the outcome of a consultative process involving the DrugRegulatory Authority of Pakistan (DRAP), the Federal Government, and relevant stakeholders, undertakenpursuant to the intervention and directions of the Supreme Court of Pakistan. The article demonstrates that theregulatory actions of DRAP and the Federal Government in matters of drug pricing have been consistentlyfound to be lawful, reasonable, and in conformity with the governing legal framework when subjected to judicialreview. It further highlights the settled judicial position that the original jurisdiction of ordinary civil courtsstands excluded in such regulatory matters, and that the availing of prescribed statutory remedies, particularlyappellate and review mechanisms, constitutes a mandatory precondition before approaching constitutional orother judicial forums. The article concludes by affirming the centrality of judicial oversight in maintaining abalance between public interest, regulatory authority, and the rights of stakeholders within Pakistan’spharmaceutical pricing regime.
This article undertakes a critical examination of the judicial scrutiny of the drug pricing mechanism in Pakistan,with specific reference to the Drug Pricing Policy, 2018. It analyses the statutory and regulatory frameworkgoverning the fixation and regulation of drug prices in the light of constitutional and administrative lawprinciples as interpreted by the superior Courts of Pakistan. The study traces the genesis of the Drug PricingPolicy, 2018, emphasizing that its promulgation was the outcome of a consultative process involving the DrugRegulatory Authority of Pakistan (DRAP), the Federal Government, and relevant stakeholders, undertakenpursuant to the intervention and directions of the Supreme Court of Pakistan. The article demonstrates that theregulatory actions of DRAP and the Federal Government in matters of drug pricing have been consistentlyfound to be lawful, reasonable, and in conformity with the governing legal framework when subjected to judicialreview. It further highlights the settled judicial position that the original jurisdiction of ordinary civil courtsstands excluded in such regulatory matters, and that the availing of prescribed statutory remedies, particularlyappellate and review mechanisms, constitutes a mandatory precondition before approaching constitutional orother judicial forums. The article concludes by affirming the centrality of judicial oversight in maintaining abalance between public interest, regulatory authority, and the rights of stakeholders within Pakistan’spharmaceutical pricing regime.