BALANCING ACCESS AND CONTROL: A JUDICIAL INQUIRY OF DRUGPRICING 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.