Article 47 of the Costitution of India with Case law
Article 47 of the Constitution of India – Explained with Case Law
🔹 Text of Article 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.”
🔍 Key Features of Article 47
Directive Principle of State Policy (DPSP) – Non-justiciable but fundamental in governance.
State Responsibility – Includes:
Improving nutrition and public health.
Enhancing the standard of living.
Prohibiting intoxicating substances (alcohol, drugs) except for medicinal purposes.
⚖️ Important Case Laws on Article 47
1. Municipal Council, Ratlam v. Vardhichand (1980 AIR 1622, 1980 SCR (1) 97)
Facts: Residents filed a complaint about open drains and lack of sanitation in a municipality.
Judgment:
Supreme Court held that the municipality was responsible for providing basic sanitation facilities.
Relevance to Article 47: Public health and sanitation are duties of the State under Article 47. The court enforced this directive even though it is non-justiciable.
2. State of Bombay v. F.N. Balsara (1951 AIR 318)
Facts: Challenged prohibition of alcohol under the Bombay Prohibition Act, 1949.
Judgment:
Court upheld the law but recognized that a complete prohibition could affect trade and commerce rights.
Relevance to Article 47: Recognized the constitutional validity of alcohol prohibition based on Article 47’s directive.
3. Vincent Panikurlangara v. Union of India (1987 AIR 990)
Facts: Concerned about the availability of harmful drugs in the market.
Judgment:
Court emphasized that public health is a priority.
Urged the State to regulate drugs more strictly.
Relevance to Article 47: Strengthened the idea that improving public health is a primary State duty.
4. CESC Ltd. v. Subhash Chandra Bose (1992 AIR 573)
Facts: Issue of health and working conditions of employees.
Judgment:
Right to health is implied in the right to life under Article 21.
Article 47 reinforces the obligation of the State and employers to ensure health standards.
Relevance: Shows the intersection of DPSPs and fundamental rights.
📌 Conclusion
Article 47 plays a crucial role in shaping public health, nutrition, and prohibition policy in India. Although it is not enforceable in a court of law directly, it heavily influences interpretation of fundamental rights and State obligations.
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