Economic Growth via infrastructure and development in Health Care and Education Sector, Legal Dimension. Seeks to emphasise the need to optimise the Legal aspects of our (Indian) Healthcare and Education policies as a valid component of Economic Growth.

1. Legal Dimension of Economic
Growth through infrastructure
development in Health Care and
Education Sector

2. “when learning is purposeful creativity blossoms. When
creativity blossoms thinking emanates. When thinking
emanates, knowledge is fully lit. When Knowledge is lit,
economy flourishes”
Dr APJ Abdul Kalam
XI President of India
24-09-2005
Sairang, Aizwal, MZ

3. Introduction
• Physical & Social Infrastructure — essential for a nation's
capital & alleviation of poverty
• India lags behind in Physical & Social Infrastructure (for
Infrastructure alone, India has a $1.5 Trillion gap to be
bridged in next 10 years)
• Humans most important resource of a nation besides its
Natural Resources
• Human Development Index is a geometric mean used widely
to quantify state of Health Care / Education / Infrastructure /
Life Expectancy / GDP per capita of a Nation

4. Human
Resource
Quality
Education
Health Care
Sovereign
Responsibility
Knowledge
Base
Physical
Wellness
Commitment of a Nation

5. Health Care Issues and
Infrastructure Challenges
Issues /
Challenges Sanitation
Water / Air Pollution
Infant Birth Control
Morality
Spread of disease
Maternal mortality
Legal
Dimension
Healthcare and Sanitation - Item 6 on State List
Early marriage abolished
Strict compliance for hygienic living & cleaner surroundings
MCI / DCI / NCI / PCI revamp
NCHRH Bill - Health manpower planning, prescription standards,
accreditation mechanism, ethical standards
Staff training / Better Salaries
Creation of Health Manpower
Political interference

6. Health Care Sector: Nordic
Countries Comparative Analysis
Nordic Health Care share in GDP 9%
India Health Care share in GDP little
over 1%
Predominantly Public Ownership
Mix system of Public and Private players
in Indian Health Care
Uniform Social Insurance System
Multiplayer System with Public
Presence
Expansion of Primary & Preventive
service on a continuous basis
Subject to Government Rules,
Regulations and Revisions
Private Insurance either absent or
insignificant role on funding Public
Health Care
Thriving Private Insurance with growing
presence

7. Education Sector: Legal
Perspective
• Constitutional Provisions — Article 19(1)(g), 21A, 46, 330, 332, 335, 338, 342,
V Schedule, VI Schedule to provide education & serve economic interests of the
weaker section of the Indian Society
• Indian Education is modelled along the Western notion of Education a gift from
Lord Macaulay
• Education as catalyst of change in society, economic development. Case: Brown
vs Board of Education 347 US (1954)
• Legal Development important cases:
State of Bombay Vs R.M.P. (AIR 1957)
Unni Krishnan Vs State of AP (AIR 1993)
TMA Pai foundation Vs State of KA (AIR 2002)

8. Education Sector
Infrastructure & Eco-growth
• Economy now — knowledge based
• Human Capital affects economic growth (directly & indirectly)
• India Ranks 143/195 in terms of %GDP allocated to Education
• Kothari Committee Recommendations (1964-66) 6% GDP for education,
currently India has 3-4%
• Developed nations allocation for education 4.5-6%
• Significance of Education Sector right now:
Time ripe for investments in education infrastructure
Proven successful examples: Asian Tiger Economies
Various studies / empirical research laid stress on need
India has high Drop-out Rate

9. Legal Dimensions of
Infrastructure Development
• Indian Economy & Infrastructure — developing phase
• Following LPG reforms India has seen entry of private players,
emphasising the roll of government as a welfare state
• Role and definition of State under Article 12 — SC custodian of
Fundamental Rights (Part III)
• Several issues holding back Infrastructure Development
Multiplicity of Regulatory Bodies
Over Litigation
Corruption / Malpractices
Archaic Laws / Need to streamline

10. Legal Dimensions of
Infrastructure Development
• Important Cases in regards to test of Instrumentality:
Ajay Hasia Vs Khalid Muljeeb & ors, 1981
Bodhisattva-Gautam Vs Miss Subhra Chakraborty, 1996

11. Conclusion
• Education & Health form an important component of Social
Infrastructure, it decides the quality of Human Capital
• Investment in basic Health and Education can go a long way in
eradicating poverty
• Improvement of social infrastructure and quality — Budgetary
Allocation & Good Governance are crucial
• Collaborative effort from various field experts and dimensions —
Civil Servants, Educationalists, Medical Professional, Educationalist
is the need of the hour

12. –William J Clinton
“It is morally correct and also good economics to
advance opportunity of equality and economic
development to all. Since, factors like discrimination,
poverty & ignorance are the main constraints for
economic growth, while investment in education,
health care and scientific & technological research
increase it by creating employment opportunities and
wealth for all ”