Article 48 of the Indian Constitution is a significant provision falling under Part IV, which deals with the Directive Principles of State Policy (DPSP). These principles, though not enforceable by any court, are fundamental in the governance of the country and it is the duty of the State to apply these principles in making laws. Article 48 specifically directs the State to focus on improving the crucial sectors of agriculture and animal husbandry, which form the backbone of the Indian economy, especially in rural areas.
The article outlines a dual objective for the State: to adopt modern and scientific approaches in farming and animal rearing, and simultaneously to protect certain categories of cattle, reflecting both economic development goals and socio-cultural concerns. It underscores the importance of these sectors for food security, rural livelihoods, and overall national prosperity.
Original Text
The original text of Article 48 of the Indian Constitution reads as follows:
48. Organisation of agriculture and animal husbandry.
The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.
Detailed Explanation
Article 48 is a Directive Principle requiring the State to take concrete steps towards the betterment of agriculture and animal husbandry. The article can be broadly understood in two complementary parts:
- Modernization and Scientific Organisation: The first part mandates the State to strive to organize agriculture and animal husbandry using modern and scientific methods. This implies promoting research, adopting better technology, improving farming practices, using better inputs (seeds, fertilisers), ensuring efficient irrigation, and implementing scientific techniques in livestock management, breeding, healthcare, and marketing. The aim is to increase productivity, improve quality, and make these sectors more sustainable and economically viable.
- Cattle Preservation and Protection: The second, more specific, part directs the State to take steps for preserving and improving certain breeds of cattle and, significantly, to prohibit their slaughter. The categories of cattle explicitly mentioned are cows, calves, other milch (milk-yielding) cattle, and draught (useful for work, like ploughing or transport) cattle. This directive serves multiple purposes:
- Economic: Preserving and improving breeds of milch and draught cattle is crucial for the rural economy, providing milk, manure, and power for agriculture. Prohibiting the slaughter of useful animals supports these economic functions.
- Cultural/Religious: The cow holds a sacred place in many Indian traditions, and its protection is a matter of faith for a significant portion of the population.
- Ecological: Cattle are integral to the agro-ecosystem, providing manure and supporting traditional farming methods.
It is important to note that being a DPSP, Article 48 is not directly enforceable in courts. However, it provides a constitutional basis for legislation enacted by states regarding agricultural development, animal husbandry practices, and the prohibition or regulation of cattle slaughter. State legislatures have the power to enact laws on these subjects under Entry 15 of the State List (List II) of the Seventh Schedule (“Preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice.”).
The interpretation and implementation of the cattle slaughter prohibition part have been subjects of considerable debate and judicial review, particularly concerning whether the prohibition can be absolute and whether it violates fundamental rights like the right to carry on any trade or business (Article 19(1)(g)).
Detailed Notes
- Article 48 is a Directive Principle of State Policy (DPSP) under Part IV of the Constitution.
- It is not directly enforceable by courts but is fundamental in the governance of the country.
- It directs the State to take steps in two main areas related to agriculture and animal husbandry.
- Area 1: Endeavor to organize agriculture and animal husbandry on modern and scientific lines.
- This involves promoting modern techniques, research, technology, and scientific management practices.
- Aims to increase productivity, efficiency, and sustainability in these sectors.
- Area 2: Take steps for preserving and improving breeds of certain cattle and prohibiting their slaughter.
- Specifically mentions cows, calves, other milch (milk-yielding) cattle, and draught (work) cattle.
- Preserving and improving breeds is vital for economic productivity (milk, labour).
- Prohibiting slaughter aims to protect useful animals and aligns with socio-cultural sentiments.
- The constitutional basis for state legislation on this topic is Entry 15 of the State List (Seventh Schedule).
- Implementation of the cattle slaughter prohibition has faced legal challenges.
- Courts have generally upheld laws prohibiting the slaughter of cows, calves, and useful milch and draught cattle as reasonable restrictions under Article 19(6), based on economic utility and public interest, while sometimes allowing slaughter of aged or unproductive animals.
Additional Comments
- Article 48 is closely related to other DPSPs, such as Article 47 (raising the level of nutrition and standard of living) and Article 48A (protection and improvement of environment and safeguarding of forests and wild life).
- The Supreme Court has dealt with the constitutional validity of state laws prohibiting cattle slaughter in several landmark judgments. In Mohd. Hanif Qureshi & Others vs. The State of Bihar (1958), the Court upheld the total ban on the slaughter of cows and calves but held that a total ban on the slaughter of aged and infirm cattle or cattle which have ceased to be milch or draught cattle would be an unreasonable restriction on the right to trade under Article 19(1)(g).
- However, in State of Gujarat vs Mirzapur Moti Kureshi Kassab Jamat (2005), a larger bench overruled the 1958 judgment in part and held that a total ban on the slaughter of all cattle, including bulls, bullocks, and buffaloes of any age, is constitutionally valid as a reasonable restriction in the interests of the general public, emphasizing the economic utility of cattle even after they cease to be milch or draught animals (e.g., for manure, biogas).
- The “modern and scientific lines” aspect encourages government initiatives in agricultural research (ICAR), extension services, animal breeding programs, veterinary care, and infrastructure development.
- The implementation of Article 48 varies across states, particularly concerning the extent of the ban on cattle slaughter, due to diverse socio-economic conditions and political considerations.
Summary
Article 48 is a Directive Principle directing the State to modernize agriculture and animal husbandry using scientific methods. It also specifically requires the State to take steps to preserve and improve breeds of cattle and prohibit the slaughter of cows, calves, and other milch and draught cattle. This article aims to balance economic development in these sectors with the protection of vital livestock and sensitivity to cultural values. State governments enact laws on this subject under their legislative powers, and such laws, particularly concerning cattle slaughter bans, have been subject to judicial scrutiny and interpretation by the Supreme Court.