Article 47 of Indian Constitution: Directive Principles on Public Health

When India’s Constitution was drafted in the mid-20th century, its leaders recognized that safeguarding public health was foundational for true democracy and development. Article 47 of the Indian Constitution was framed as a Directive Principle of State Policy (DPSP), highlighting the state’s duty to raise the level of nutrition, standard of living, and improve public health. Though not enforceable by courts, Article 47’s vision has significantly shaped Indian policy debates and the very expectations citizens have from governments, especially in times of public health crises such as the COVID-19 pandemic.

The Legal Text and Its Core Mandates

Article 47 reads:

“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 endeavor to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.”

Clearly, the article’s scope is wide: promoting general health, better nutrition, higher living standards, and curbing harmful substances. These mandates do not confer justiciable rights but set aspirational targets for policymakers, creating a higher moral and ethical standard for Indian governance.

Directive Principles: Between Aspirations and Reality

The Non-Justiciability Debate

Unlike Fundamental Rights, Directive Principles, including Article 47, cannot be directly enforced by the courts. However, the Supreme Court has, in landmark rulings, cited Directive Principles as guiding values when interpreting other parts of the Constitution.

For example, in Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996), the Supreme Court expanded the right to life under Article 21 to include the right to health. By invoking Article 47, the Court encouraged governments to frame policies ensuring greater access to healthcare for all.

“Our constitutional philosophy recognizes the right to health as integral to the right to life, making Article 47 a beacon for public policy reform.” — Constitutional Law Scholar, 2022

Practical Effects in Policy and Governance

Governments at the state and national levels have relied on Article 47’s principles to justify a spectrum of welfare policies:

• Mid-Day Meal Scheme: Designed to boost school enrollment and nutritional standards.
• National Rural Health Mission (NRHM): Targeting rural health infrastructure.
• Prohibition Legislations: Gujarat and Bihar, among other states, have cited Article 47 when implementing bans on alcohol.

Nevertheless, critics note gaps between these policies and widespread implementation. India continues to struggle with issues like malnutrition, poor sanitation, and lack of access to primary healthcare, especially in marginalized communities.

Public Health and Nutrition: Persistent Challenges, Shifting Approaches

Health Indicators and Government Initiatives

India has witnessed immense progress since independence—child mortality rates have dropped, life expectancy has increased, and several infectious diseases have been nearly eradicated. Yet, challenges remain stubborn:

• The Global Hunger Index consistently places India in the “serious” category, with millions facing food insecurity.
• According to NFHS-5 (2019-21), nearly one-third of Indian children under five are stunted.
• Non-communicable diseases now account for over half of all deaths, reflecting changing lifestyles and urbanization.

To respond, the government has conceived large-scale schemes:

• POSHAN Abhiyaan: Integrates nutrition with maternal and child health interventions.
• Swachh Bharat Abhiyan: Targets sanitation, hygiene, and ultimately, public health outcomes.
• Ayushman Bharat: Launched as the world’s largest health insurance mission.

Despite significant investment, public health spending in India lingers around 1.5% of GDP—among the lowest for G20 economies.

Case Study: Kerala’s Health Model

Kerala stands out nationwide for its public health achievements. Its decentralized approach—emphasizing primary care, nutrition support, and robust women’s participation in local governance—has underpinned higher life expectancy and lower infant mortality. The state’s impressive response during the Nipah virus outbreak and COVID-19 pandemic drew international attention, demonstrating the real-world impact of Article 47’s ethos when actively pursued.

Alcohol Prohibition and Drug Control: Complex Outcomes

The specific mention in Article 47 about intoxicants has led to intense legislative and social experiments. States such as Gujarat and Bihar maintain some of the most comprehensive prohibition laws in India.

Outcomes and Controversies

While alcohol bans are justified on grounds of improving health and social order, enforcement has often been fraught with challenges:

• A parallel black market for alcohol thrives in prohibition states.
• Revenue losses for states are offset against public health savings, but the overall net benefit remains fiercely debated.
• Unintended consequences, such as the proliferation of illicit liquor and related health tragedies, have prompted some to call for harm-reduction strategies rather than outright bans.

The National Policy on Narcotic Drugs and Psychotropic Substances is also rooted in Article 47’s directive, seeking to balance supply control, demand reduction, and care for addicts. This framework shapes India’s interaction with global conventions on drug control.

The Evolving Interpretation of Article 47 in Judicial Pronouncements

Linking Public Health with Fundamental Rights

Indian judiciary’s proactive stance has, over decades, blurred the former rigid lines between non-justiciable principles and enforceable rights.

• In State of Punjab v. Mohinder Singh Chawla (1997), the Supreme Court reaffirmed the state’s duty to provide adequate medical facilities.
• Courts have regularly cited Article 47 when ordering governments to address pollution, food safety, and access to clean water.

This judicial activism places increasing onus on the state to act, even if Article 47 itself cannot be used as a basis for litigation.

Looking Ahead: Article 47’s Role in a Modernizing Society

India’s public health challenges have grown more complex in the 21st century, with rapid urbanization, environmental stresses, and rising living standards. Addressing non-communicable diseases, pandemic preparedness, and the triple burden of nutrition (undernutrition, micronutrient deficiency, and obesity) will test the spirit of Article 47 anew.

Experts argue that continued relevance requires:

• Greater public health spending and systematic policy reforms.
• Effective federal cooperation, as health is a concurrent list subject.
• Transparent monitoring and accountability mechanisms.

Article 47’s promises are more than constitutional rhetoric—they remain the moral compass for India’s march toward inclusive, sustainable well-being.

Conclusion: Article 47 as a Living Guidepost

Article 47 of the Indian Constitution has empowered generations of lawmakers and citizens to demand better nutrition, robust public health, and a life of dignity. While its non-justiciable status presents challenges, its principles increasingly inform what people expect from the state. As India faces new health imperatives, grounding policies in the constitutional spirit of Article 47 will be vital for ensuring health equity and social justice in the decades ahead.

FAQs

What is Article 47 of the Indian Constitution?

Article 47 is a Directive Principle of State Policy that tasks the state with improving public health, nutrition, and standard of living, and with prohibiting the harmful consumption of intoxicants except for medicinal purposes.

Is Article 47 legally enforceable in court?

No, Article 47 is non-justiciable, meaning it cannot be enforced in a court of law. However, it serves as a guiding principle for policymaking and judicial interpretation.

What are some major schemes linked to Article 47?

Key initiatives include the Mid-Day Meal Scheme, POSHAN Abhiyaan, National Rural Health Mission, and prohibition laws in states like Gujarat and Bihar—all of which aim to improve nutrition and public health.

How does Article 47 impact alcohol and drug regulations in India?

Article 47 explicitly encourages the state to prohibit intoxicating drinks and drugs, forming the constitutional basis for various state-level prohibition laws and national drug control strategies.

Why is Article 47 considered important for Indian society?

It reflects a foundational commitment to social welfare and public health, shaping expectations and informing both government policy and judicial decisions for a healthier, more just society.

Has Article 47 influenced judicial decisions?

While Article 47 cannot be enforced directly, courts often cite it to justify expanding the right to health and ensuring that government actions align with broader constitutional goals related to well-being.