Dr C S Kedar, a retired IAS officer of the cadre Additional Chief Secretary, Government of India, addressed the PGDM students at IIHMR, Bangalore. He enriched students with insights on various aspects of the constitution, its evolution and its implications on the organizational functioning, particularly in the hospital and healthcare settings. He highlighted the rules, regulations, and laws of the land; and illustrated how the legal, administrative, and judicial wing of the Constitution influences the functioning of the healthcare industry.

Understanding the Importance of FIR Filing

The session started with the recent Kolkata incident and the importance of FIR filing.  The discussion was on the ownership of filing an FIR for the incident. He emphasized the necessity of knowing the rules and laws specific to the state, understanding it is crucial for maintaining order and ensuring justice. He highlighted that FIR is a critical document that initiates the legal process when an incident occurs. It ensures that the issue is formally recorded and can be investigated by the authorities.

The Rule of Law and its Societal Implications

The lecture also addressed civil litigation between individuals and discussed criminality as a state-level public issue. He stressed the importance of bringing such issues to the attention of public authorities to ensure they are addressed appropriately. This discussion led to the concept of the rule of law. The rule of law is essential for preventing chaos and maintaining a well-organized society. Dr. Kedar used the anarchy in Afghanistan as an example of what can happen when the rule of law breaks down, resulting in anarchy.

The Foundation of Indian Law: The Constitution

He explained the basic laws of India, and the Constitution, which serves as the foundation for all other laws. The constitution is a legal framework that is adopted by the people, amending it can be a challenging process. He provided de-centralization as a constitutional amendment example, that empowered local governance and more evenly distributed power across society.

The Three Branches of Government and Their Interplay

Dr. Kedar described the three branches of government—Legislative, Executive, and Judicial. The Legislative branch passes laws, the Executive enforces them, and the judiciary ensures justice. He highlighted their independent and interdependent roles, underscoring the importance of checks and balances. He described it with various lists of India: State List, Central List and Concurrent List. The centre list prevails over the state list; the concurrent list covers health, education, labour etc. Drug Control is a central matter, also the state can act on it. When there is a contradiction in any law passed, the provision is provided for some to be implemented, while others are not.

Distinguishing between Laws, Rules and Executive Orders

A key part of the lecture was the distinction between laws, rules, and executive orders. Laws are formal procedures established by the legislature, rules are guidelines set by the executive for administrative convenience, and executive orders are sudden/ day to day directives issued by the executive authority. Understanding these differences is crucial for navigating the legal and administrative landscape.

The Importance of Administrator Accountability

He stressed the roles of administrators in taking necessary action, even if it is by orally telling their supervisors to do the right thing.  Also, knowing about filing reports, and following criminal procedures as underlined by the Indian Penal Code (IPC). He described how the acts and laws are common sense and to imagine what steps one should take if their family was involved and act similarly if one witnesses injustice.

Advocating for Regulatory Knowledge in Healthcare Dr Kedar said that rules and regulations apply to both government and public hospitals alike. He concluded that the rules and regulations of the state and the country are pivotal to the future health service industry and healthcare managers should gain knowledge, practice and advocate for the legal obligations of the service providers and healthcare organizations to ensure ease of care delivery for the masses thus leading to a healthier India.