Article 47 is a significant Directive Principle of State Policy (DPSP) enshrined in Part IV of the Indian Constitution. It highlights the State’s crucial role in promoting the social welfare and well-being of its citizens. Unlike Fundamental Rights, these principles are not directly enforceable by courts but are considered fundamental in the governance of the country and are expected to guide the State in making laws.
This article specifically lays down the State’s primary responsibilities concerning public health, nutritional standards, and the overall standard of living of its population. It also includes a particular directive regarding the prohibition of intoxicating substances harmful to health, reflecting the aspirational goal of a healthy and moral society as envisioned by the framers of the Constitution.
Original Text
47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health.—The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.
Detailed Explanation
Article 47 imposes a two-fold duty on the State. Firstly, it mandates the State to consider the improvement of public health, the raising of nutrition levels, and enhancing the standard of living of its people as its primary responsibilities. This part of the article underscores the State’s commitment to ensuring basic human needs and a dignified life for all citizens. It acknowledges that a healthy and well-nourished population is essential for national development and well-being. This principle forms the basis for state policies related to food security, public healthcare infrastructure, sanitation, poverty alleviation, and overall social development programs aimed at upliftment.
Secondly, the article includes a specific directive urging the State to endeavor towards prohibiting the consumption of intoxicating drinks and drugs that are injurious to health. This is an important, albeit sometimes controversial, aspect of Article 47. It reflects the moral and social welfare concerns of the Constitution makers who believed that such substances are detrimental to individual health, family life, and societal harmony. The phrase “endeavour to bring about prohibition” suggests that this is a goal to be pursued, rather than an immediate, absolute mandate. It allows states the flexibility to implement prohibition policies based on their specific social and economic contexts, leading to varied approaches across different states in India. The exception for medicinal purposes is explicitly mentioned, recognizing the legitimate uses of certain drugs and alcohol in healthcare.
As a Directive Principle, Article 47 is not enforceable in courts. However, it provides a constitutional directive to the executive and legislative branches to formulate policies and enact laws that align with these objectives. Courts often refer to Article 47 when interpreting laws, particularly those related to health, food safety, and regulation of intoxicating substances, to ensure they are in line with the spirit of the Constitution.
Detailed Notes
- Part IV of the Indian Constitution (Directive Principles of State Policy - DPSP).
- Not directly enforceable by courts, but fundamental in the governance of the country.
- Lays down the State’s primary duties:
- Raising the level of nutrition of its people.
- Raising the standard of living of its people.
- Improving public health.
- These three aspects are explicitly stated as primary duties.
- Includes a specific directive: The State shall endeavour to bring about prohibition of consumption of:
- Intoxicating drinks.
- Drugs which are injurious to health.
- An exception for medicinal purposes is provided for drugs.
- The prohibition clause reflects a goal for social and health welfare, not an absolute, mandatory directive for immediate nationwide implementation.
- Provides the constitutional basis for state policies related to:
- Public healthcare systems (hospitals, clinics, sanitation).
- Food security programs (e.g., Public Distribution System).
- Nutrition schemes (e.g., Mid-Day Meal Scheme).
- Measures to improve living standards (e.g., housing, basic amenities).
- Legislation regulating alcohol and drugs.
- Implementation of the prohibition aspect varies significantly across different states.
- Guides the State in prioritizing public health and welfare in its governance.
Additional Comments
- Article 47 is a cornerstone DPSP reflecting the welfare state ideal envisioned by the Constitution framers, focusing on the physical and social well-being of the populace.
- It serves as a guiding principle for numerous state-sponsored health initiatives, nutrition programs, and poverty reduction strategies across the country.
- The prohibition clause in Article 47 has been a subject of ongoing debate, balancing public health goals against individual liberty, state revenue generation from excise duties, and challenges of enforcement.
- While non-justiciable, courts have sometimes invoked Article 47 to understand the legislative intent behind laws related to health or intoxicating substances, or as a factor while considering cases related to public health issues.
- This article is linked to other DPSPs that collectively aim at establishing a just social order and promoting the welfare of the people, such as Article 38 (securing social order for welfare), Article 39(f) (opportunities for children’s development in a healthy manner), and Article 41 (right to public assistance in case of sickness, etc.).
Summary
Article 47 of the Indian Constitution, part of the Directive Principles of State Policy, places a primary duty on the State to improve the level of nutrition, the standard of living, and public health of its people. Furthermore, it directs the State to work towards the prohibition of intoxicating drinks and harmful drugs, excluding those used for medicinal purposes. This principle guides the State’s efforts in implementing social welfare programs aimed at enhancing the health and well-being of the population, though the specific implementation, particularly concerning prohibition, varies across states due to its nature as a directive rather than a mandatory injunction.