Common Cause v. Union of India (2018)
The Governing Framework
The 2018 Common Cause judgment by a nine-judge bench is the foundational precedent for passive euthanasia in India. It held that the right to die with dignity is a fundamental right under Article 21, and established the legal and procedural framework for both passive euthanasia and advance medical directives (living wills).
- A "living will" is a written advance directive made by a competent adult specifying that life support should be withheld if they later become terminally ill or permanently vegetative.
- Procedure under 2018 framework: (1) Hospital Medical Board certifies condition; (2) Judicial Magistrate First Class grants final authorisation.
- The 2023 modification by the Supreme Court simplified this procedure — replaced the Judicial Magistrate requirement with approval by a second independent hospital-constituted Medical Board — reducing delays significantly.
- Active euthanasia (deliberate lethal act) and physician-assisted suicide remain illegal in India.
- The Aruna Shanbaug case (2011) was the earlier precedent that recognised passive euthanasia in principle, though it was denied in that instance.
● Tracked since March 10, 2026 · last seen March 30, 2026 · updates as the daily brief publishes
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