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Sign up now !Common Cause (A Regd. Society) vs Union of India
2023 INSC 77; 2023 SCC OnLine SC 99
Coram: Hon’ble Justice K.M. Joseph, Hon’ble Justice Ajay Rastogi, Hon’ble Justice Annirudha Bose, Hon’ble Justice Hrishikesh Roy & Hon’ble Justice C.T. Ravikumar
Forum: Hon'ble Supreme Court of India
Case No.: Miscellaneous Application No. 1699 of 2019 In Writ Petition (Civil) NO. 215 OF 2005
Date of Decision: January 24, 2023
Conclusion
Facts/ Procedural Posture:
- In Common Cause (A Registered Society) v. Union of India and Another, (Writ Petition (Civil) NO. 215 OF 2005) the three-judge bench provided the guidelines for the implementation of Advance Directives, including the requirement that such directives be attested by two independent witnesses and countersigned by a Judicial First Class Magistrate. The Court also considered the withdrawal of life support in the absence of Advance Directives when a person has no hope of recovery.
- It was observed that the guidelines posed obtacles in practice, particularly the requirement for Advance Directives to be attested by two independent witnesses and countersigned by a Judicial First Class Magistrate.
- Therefore, The Indian Society of Critical Care Medicine(Applicant) filed an application seeking clarification of the 2018 judgment in Common Cause v. Union of India.
- Hence, the Constitution Bench was constituted based on a reference made by a three-judge Bench of the Supreme Court to examine the issues raised in the application.
Main Issue:
- Whether the guidelines issued by the court in Common Cause (A Registered Society) v. Union of India and Another (2018) 5 SCC 1 need to be revisited and modified?
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