A bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw posed the query to the government while hearing a plea by pharma firms Reckitt Benckiser and J K Ansell Ltd (JKAL) who have challenged the government's decision to put a ceiling on the prices of condoms.
Additional Solicitor General Sanjay Jain, appearing for the Centre, responded that condoms are currently in the national list of essential medicines and there can be no gradation, of luxury and ordinary, where drugs are concerned.
The firms have claimed their products are luxury products "meant for pleasure" and have also sought clarification on whether the current ceiling would apply to only utility condoms and whether NPPA proposes to fix a separate cap on "pleasure condoms".
The Centre had in July told the court that it has increased the cap on prices of all brands of condoms in the country by 22 per cent. However, the increase in prices comes to Rs 1.48.
In its petition, Reckitt Benckiser has argued that the low ceiling price will force bigger companies to stop production, which in turn will have a negative effect on population control measures.
The central government, however, is of the view that since condoms help to prevent diseases, they came under the classification of 'medicines' and, hence, their prices can be controlled.