BALANCING ACCESS AND CONTROL: A JUDICIAL INQUIRY OF DRUG PRICING IN PAKISTAN

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 framework governing the fixation and regulation of drug prices in the light of constitutional and administrative law principles as interpreted by the superior Courts of Pakistan. The study traces the genesis of the Drug Pricing Policy, 2018, emphasizing that its promulgation was the outcome of a consultative process involving the Drug Regulatory Authority of Pakistan (DRAP), the Federal Government, and relevant stakeholders, undertaken pursuant to the intervention and directions of the Supreme Court of Pakistan. The article demonstrates that the regulatory actions of DRAP and the Federal Government in matters of drug pricing have been consistently found to be lawful, reasonable, and in conformity with the governing legal framework when subjected to judicial review. It further highlights the settled judicial position that the original jurisdiction of ordinary civil courts stands excluded in such regulatory matters, and that the availing of prescribed statutory remedies, particularly appellate and review mechanisms, constitutes a mandatory precondition before approaching constitutional or other judicial forums. The article concludes by affirming the centrality of judicial oversight in maintaining a balance between public interest, regulatory authority, and the rights of stakeholders within Pakistan’s pharmaceutical pricing regime.