Article 48

Article 48 of the Indian Constitution, which forms part of the Directive Principles of State Policy (DPSPs), directs the State to organise agriculture and animal husbandry on modern and scientific lines while ensuring the preservation and improvement of cattle breeds. It also mandates the prohibition of cow slaughter and other milch and draught animals to protect and enhance agricultural productivity. This article reflects the framers’ vision of balancing economic development, food security, and cultural values through sustainable and ethical agricultural practices.

Background and Constitutional Context

Agriculture has historically been the backbone of India’s economy, employing a majority of the population. During the drafting of the Constitution, the Constituent Assembly recognised the critical role of agriculture and animal husbandry in ensuring national prosperity. At the same time, the framers acknowledged the cultural and religious sentiments of millions of Indians who regard the cow as sacred.
Article 48, therefore, combines economic rationality with ethical and cultural considerations, making it both a socio-economic and moral directive. The provision reflects Gandhian principles, particularly those concerning rural self-sufficiency, cattle protection, and sustainable livelihoods, which are central to India’s agrarian ethos.

Text of Article 48

Article 48 states:“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.”
This provision imposes two distinct yet interrelated responsibilities on the State:

1. To modernise agriculture and animal husbandry through scientific methods.
2. To preserve, improve, and protect cattle, particularly milch and draught animals, by prohibiting their slaughter.

Objectives and Scope

The main objectives of Article 48 are as follows:

• To enhance agricultural productivity and efficiency through scientific methods.
• To promote animal husbandry and improve livestock breeding for economic and nutritional development.
• To ensure the protection of cattle, a key resource for agriculture, dairy, and rural livelihoods.
• To harmonise economic progress with the ethical and cultural traditions of the Indian people.

By integrating modernisation with conservation, the article provides a constitutional framework for achieving sustainable agricultural and rural development.

Legislative and Policy Framework

To implement the principles of Article 48, both the Union and State governments have enacted various laws, schemes, and policies:
1. Cow Protection and Slaughter Prohibition Laws:

• Many Indian states have enacted laws banning or restricting cow slaughter in line with Article 48.
  • Uttar Pradesh Cow Slaughter Prevention Act, 1955
  • Gujarat Animal Preservation Act, 1954 (amended in 2017)
  • Maharashtra Animal Preservation Act, 1976
• The degree of prohibition varies among states, reflecting regional diversity in agricultural practices and dietary preferences.

2. Animal Husbandry Development:

• Establishment of the Department of Animal Husbandry and Dairying to oversee livestock management, dairy production, and breed improvement.
• Introduction of scientific breeding and veterinary services through National Livestock Mission (NLM) and National Dairy Plan (NDP).

3. Agricultural Modernisation Policies:

• Implementation of schemes like the Pradhan Mantri Krishi Sinchai Yojana (PMKSY) and National Mission for Sustainable Agriculture (NMSA).
• Promotion of organic and zero-budget farming, soil health improvement, and sustainable water use.

Together, these initiatives aim to fulfil the dual mandate of modernisation and preservation envisioned in Article 48.

Judicial Interpretation and Landmark Cases

The judiciary has interpreted Article 48 in several landmark judgments, balancing the State’s directive with individual rights and economic realities.

• Mohd. Hanif Qureshi v. State of Bihar (1958):The Supreme Court upheld state laws prohibiting the slaughter of cows but allowed the slaughter of bulls and buffaloes no longer useful for breeding or draught purposes. The Court reasoned that while Article 48 was important, it should be implemented reasonably, considering economic needs.
• State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat (2005):The Court upheld a complete ban on the slaughter of all categories of cattle, including bulls and bullocks, emphasising that cattle protection is essential for maintaining ecological balance and agricultural sustainability. The judgment gave a broader interpretation to Article 48 by recognising animal preservation as part of national development and moral duty.
• Animal Welfare Board of India v. A. Nagaraja (2014):In this case, relating to the Jallikattu (bull-taming) practice, the Supreme Court expanded the constitutional scope of animal protection by linking Article 48 with Article 51A(g), which enjoins citizens to show compassion to living creatures. The Court reinforced the principle that animal welfare is integral to the idea of a humane and civilised society.

Through these decisions, the judiciary has upheld the constitutional intent of Article 48 while harmonising it with Fundamental Rights, environmental protection, and economic considerations.

Relation with Other Constitutional Provisions

Article 48 aligns with several other provisions that collectively promote sustainable development, animal welfare, and environmental protection:

• Article 39(b): Directs the State to ensure that material resources are distributed for the common good.
• Article 48A: Emphasises environmental protection and the preservation of forests and wildlife.
• Article 51A(g): Imposes a fundamental duty on citizens to protect and show compassion toward all living creatures.
• Seventh Schedule (State List): Empowers state governments to legislate on agriculture and animal husbandry.

Together, these articles form a comprehensive constitutional framework that integrates agricultural modernisation with ecological and ethical responsibilities.

Significance of Article 48

Article 48 holds both economic and cultural significance in India’s constitutional vision:

• Economic Dimension:
  • Promotes agricultural efficiency and food security.
  • Encourages scientific breeding, veterinary care, and disease control among livestock.
  • Supports rural livelihoods and dairy development.
• Cultural and Ethical Dimension:
  • Reflects the cultural ethos of cow protection revered in many Indian communities.
  • Promotes compassion and humane treatment of animals.
  • Balances modernisation with respect for tradition.

By integrating these dimensions, Article 48 ensures that development does not compromise moral and ecological considerations.

Challenges in Implementation

Despite its importance, several challenges hinder the effective implementation of Article 48:

• Regional Diversity: Different dietary customs and agricultural practices lead to varying interpretations of cow protection laws across states.
• Economic Impact: Bans on cattle slaughter affect farmers and communities dependent on the cattle trade, leather industry, and meat export sector.
• Law Enforcement Issues: Illegal slaughter, cattle smuggling, and misuse of cow protection laws remain persistent concerns.
• Scientific Limitations: Lack of adequate infrastructure and research hampers efforts to modernise breeding and animal husbandry.
• Social Tensions: Cow protection measures have, at times, led to communal and social conflicts.

Addressing these issues requires balanced policymaking that harmonises economic welfare, animal protection, and social harmony.

Current Developments and Emerging Trends

Modern trends in agriculture and animal husbandry increasingly focus on sustainability, technology, and ethical practices:

• The promotion of organic farming, climate-resilient agriculture, and integrated livestock management reflects a shift toward sustainable production.
• The government’s Rashtriya Gokul Mission (2014) and National Livestock Policy (2013) aim to conserve indigenous cattle breeds and improve productivity.
• Technological innovations, such as artificial insemination, genomic selection, and digital monitoring of livestock, are transforming the field of animal husbandry.

These initiatives mark India’s transition from traditional agriculture to a modern, science-based system while remaining aligned with the cultural values embodied in Article 48.

Significance in the Constitutional Scheme

Article 48 symbolises the Gandhian ethos within the Directive Principles, linking agriculture, morality, and welfare. It serves as:

• A guide for sustainable rural development, ensuring productivity and ecological balance.
• A moral directive, preserving animals that contribute to human sustenance.
• A cultural bridge, reflecting India’s respect for all living beings while promoting progress through science and innovation.

Conclusion

Article 48 of the Indian Constitution stands at the intersection of economic development, animal welfare, and cultural preservation. It directs the State to modernise agriculture and animal husbandry through scientific methods while safeguarding the welfare of cattle — a vital element of India’s agrarian and cultural fabric.