Drug price controls being considered for certain cancer medicines would not address excessive pricing across other medicines and hospital consumables, a petitioner has told India’s Supreme Court. Paediatric surgeon Sanjay Kulshrestha has asked the court to establish an expert committee to examine gaps in the pricing system.

Key Takeaways

  • A Health Ministry committee was formed on October 9, 2026, to recommend cancer drugs for price control.
  • The government expects trade margin rationalisation to lower maximum retail prices by 20% to 70%, but Kulshrestha has questioned the calculation.

Why the petitioner wants wider drug price controls

In a rejoinder to the government’s affidavit, Kulshrestha welcomed the proposed cancer-drug measures but said none of the overpriced medicines cited in his original petition were cancer drugs. He argued that limiting intervention to oncology would leave excessive mark-ups on other essential medicines unaddressed.

Citing the Ministry of Chemicals and Fertilisers’ reply, he said ceiling prices had been fixed for 935 of 3,881 new drugs. He urged the ministry to use its powers under Clause 19 of the Drugs (Prices Control) Order, 2013, beyond cancer medicines.

Kulshrestha also requested an expert committee including representatives from the health and GST departments. He asked for a transparent price-fixing mechanism for every drug to help identify gaps and prevent further violations.

Government’s cancer-drug measures

The chemicals and fertilisers ministry said the Health Ministry had constituted a committee on October 9 to recommend anti-cancer drugs for price control, excluding inexpensive medicines. Kulshrestha questioned how a low-priced drug would be defined.

The government expects maximum retail prices to fall by 20% to 70% after trade margin rationalisation. That is an estimate, not a reported reduction. Kulshrestha asked how the range was calculated and whether revised prices could still contain hidden retailer profits.

The ministry said hospitals buy medicines from manufacturers offering the highest trade margins, which it put at 170% to 700% for anti-cancer drugs. It also said prices in other therapeutic areas were relatively much lower. Kulshrestha disputed that assessment and urged the ministry to examine other drug groups by turnover or priority.

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