Article 47

Article 47 of the Indian Constitution forms an essential part of the Directive Principles of State Policy (DPSPs) and reflects the State’s constitutional duty to promote the welfare of its citizens through improved nutrition, higher living standards, and better public health. It also directs the State to work towards the prohibition of intoxicating substances harmful to health, thereby ensuring both physical and moral well-being within society.

Background and Constitutional Philosophy

The framers of the Constitution recognised that health, nutrition, and living standards are vital components of human development and social justice. In the Constituent Assembly Debates, leaders such as Dr. B. R. Ambedkar and K. T. Shah emphasised that a welfare state cannot be achieved without addressing the basic needs of citizens.
The inspiration for Article 47 can be traced to the United Nations Charter and the Universal Declaration of Human Rights (1948), which stress the importance of adequate living conditions and health for all individuals. The provision symbolises India’s transformation from a colonial economy of deprivation to a democratic welfare state committed to inclusive growth and public welfare.

Text of Article 47

Article 47 provides:“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.”
This article, therefore, imposes a twofold duty on the State:

1. Promotion of nutrition, living standards, and public health, and
2. Prohibition of intoxicating substances detrimental to the health and well-being of citizens.

Objectives and Scope

The primary objectives of Article 47 are:

• To ensure that every citizen has access to adequate nutrition and healthcare.
• To improve living conditions through public health policies, sanitation, and disease prevention.
• To protect individuals and communities from the social and physical consequences of substance abuse.
• To guide the government in framing policies and enacting laws aimed at creating a healthier and more productive population.

These objectives form the foundation of India’s public health policy, linking the economic progress of the nation to the health and productivity of its people.

Legislative Framework

Over the years, Parliament and the State Legislatures have enacted numerous laws to give effect to Article 47’s directives. Some of the major legislative measures include:

• The Food Safety and Standards Act, 2006: Ensures the availability of safe, nutritious, and quality food to consumers by regulating food production and distribution.
• The Essential Commodities Act, 1955: Enables the government to control the production and supply of essential goods, including food items, to prevent scarcity and malnutrition.
• The National Food Security Act, 2013: Provides subsidised food grains to vulnerable populations through the Public Distribution System (PDS).
• The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985: Regulates and restricts the production, distribution, and use of narcotic substances.
• State Prohibition Laws: Several states, such as Gujarat, Bihar, and Mizoram, have implemented laws prohibiting the manufacture, sale, and consumption of alcohol in line with Article 47.

These laws collectively contribute to achieving the constitutional goal of health, nutrition, and well-being for all citizens.

Government Policies and Programmes

To realise the aims of Article 47, the Indian government has launched several national initiatives and welfare programmes aimed at improving nutrition, healthcare, and living standards:

• National Health Mission (NHM): Focuses on strengthening healthcare delivery, especially in rural areas, through initiatives like maternal health programmes and disease control schemes.
• Integrated Child Development Services (ICDS): Provides nutritional supplements, pre-school education, and healthcare for children and mothers.
• Mid-Day Meal Scheme: Ensures nutritional support for school-going children and improves school attendance.
• Ayushman Bharat – Pradhan Mantri Jan Arogya Yojana (PM-JAY): Provides health insurance coverage for economically weaker sections of society.
• National Nutrition Mission (Poshan Abhiyaan): Targets malnutrition by coordinating efforts across ministries and implementing technology-driven monitoring.
• Swachh Bharat Abhiyan (Clean India Mission): Aims to improve sanitation and hygiene, thereby reducing disease prevalence.
• National Rural Drinking Water Programme (NRDWP): Ensures access to safe drinking water in rural areas.

Together, these programmes illustrate the government’s continued effort to translate Article 47’s directives into concrete outcomes.

Judicial Interpretation and Landmark Judgments

Indian courts have played a vital role in reinforcing the principles of Article 47, particularly by interpreting the right to health and nutrition as an extension of the fundamental right to life under Article 21.

• Minerva Mills Ltd. v. Union of India (1980): The Supreme Court affirmed the importance of the Directive Principles, including Article 47, as essential to achieving the goals of social and economic justice.
• Mohini Jain v. State of Karnataka (1992): The Court recognised the right to education and health as fundamental, linking them to Article 47’s objectives.
• Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996): The Court held that the failure of a government hospital to provide timely medical treatment violated the right to life, emphasising the State’s duty under Article 47.
• Consumer Education and Research Centre v. Union of India (1995): The Court observed that health and medical care are integral to the right to life and the State is constitutionally obliged to ensure them.
• State of Kerala v. N. M. Thomas (1976): The Court reiterated that DPSPs like Article 47 must be read harmoniously with Fundamental Rights to achieve social welfare.

Through such rulings, the judiciary has elevated the Directive Principles from moral guidelines to enforceable obligations influencing public policy and governance.

Significance of the Prohibition Clause

A unique aspect of Article 47 is its specific directive to prohibit intoxicating drinks and drugs except for medicinal purposes. The framers viewed alcohol and drug abuse as social evils undermining health, productivity, and morality.
While some states have implemented complete prohibition (e.g., Gujarat and Bihar), others regulate the production and sale of alcohol through licensing systems. The implementation of prohibition remains a state subject, and its success varies based on social and economic contexts.
Despite being controversial due to its impact on state revenue and issues like illicit trade, the prohibition clause continues to serve as a moral and policy guide for curbing substance abuse and promoting public health.

Challenges in Implementation

Despite constitutional and legislative efforts, several challenges persist in realising the vision of Article 47:

• Persistent Malnutrition: India continues to face high rates of child and maternal malnutrition.
• Healthcare Infrastructure Gaps: Inadequate public healthcare facilities and shortage of medical professionals affect accessibility, particularly in rural areas.
• Substance Abuse: Alcoholism, drug addiction, and tobacco use remain major public health concerns.
• Economic Constraints: Balancing public health objectives with revenue generation from industries like alcohol remains a policy dilemma.
• Environmental and Lifestyle Factors: Pollution, poor sanitation, and unhealthy diets contribute to chronic diseases and poor public health outcomes.

Addressing these challenges requires coordinated efforts across sectors, increased public investment in health, and effective implementation of welfare programmes.

International Alignment and Global Commitments

The goals of Article 47 align closely with global frameworks such as:

• United Nations Sustainable Development Goal (SDG) 2: Zero hunger and improved nutrition.
• SDG 3: Good health and well-being.
• WHO Constitution (1948): Recognises health as a fundamental human right.India’s policies on nutrition, healthcare, and substance control thus contribute to fulfilling its international obligations towards sustainable development and human welfare.

Significance in the Constitutional Framework

Article 47 embodies the ethical and moral foundations of India’s welfare state. It:

• Ensures that health and nutrition are treated as public priorities.
• Promotes equitable access to essential services like food, water, and healthcare.
• Reinforces the connection between economic progress and human well-being.
• Serves as a guiding principle for legislative, administrative, and judicial actions.

By placing the responsibility for public health and nutrition within the constitutional framework, Article 47 transforms these social needs into State obligations, ensuring that human welfare remains at the heart of governance.

Conclusion

Article 47 of the Indian Constitution stands as a testament to the State’s duty to secure the health, nutrition, and well-being of its citizens. It envisions a society where every individual can live with dignity, free from disease, hunger, and addiction.