Article 47 of the Constitution of India directs the State to 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.
- Meaning of Article 47
- Constitutional Provision
- Constitutional Basis
- Raising the Level of Nutrition
- Raising the Standard of Living
- Improvement of Public Health
- Prohibition of Intoxicating Drinks and Drugs
- Article 47 and Public Health
- Article 47 and Fundamental Rights
- Article 47 and Right to Health
- Important Cases
- Article 47 and Article 21
- Article 47 and Prohibition
- Article 47 and State Excise Powers
- Article 47 and Food Security
- Article 47 and Children
- Article 47 and Directive Principles
- Important Features of Article 47
- Article 47 at a Glance
- Article 47 and Related Constitutional Provisions
- Common Confusions
- Quick Revision
- Conclusion
It also directs the State to endeavour to bring about the prohibition of the consumption of intoxicating drinks and drugs which are injurious to health, except for medicinal purposes.
The provision reflects the Constitution’s emphasis on public welfare and recognises that health, nutrition and living conditions are closely connected with the well-being of society.
Meaning of Article 47
Article 47 places two broad responsibilities on the State:
- To improve nutrition, standard of living and public health.
- To endeavour to bring about prohibition of intoxicating drinks and drugs injurious to health, except for medicinal purposes.
The provision therefore combines a broader public-health objective with a specific constitutional directive concerning intoxicating substances.
Constitutional Provision
Article 47 states:
“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…”
The Article further directs the State to endeavour to bring about prohibition of the consumption of intoxicating drinks and drugs that are injurious to health, except for medicinal purposes.
Constitutional Basis
Article 47 is contained in Part IV of the Constitution, which deals with the Directive Principles of State Policy.
Under Article 37, Directive Principles are not enforceable by any court. However, they are fundamental in the governance of the country and are intended to guide the State in making laws and policies.
Article 47 therefore establishes a constitutional policy objective rather than creating a directly enforceable individual right.
Raising the Level of Nutrition
The first objective under Article 47 is to raise the level of nutrition.
Adequate nutrition is essential for physical and mental development, particularly among children, pregnant women and other vulnerable sections.
The constitutional objective may be advanced through measures relating to:
- Food security
- Maternal and child nutrition
- School nutrition
- Supplementary nutrition
- Access to adequate food
- Prevention of malnutrition
Article 47 therefore connects constitutional governance with the basic nutritional needs of the population.
Raising the Standard of Living
Article 47 also requires the State to work towards improving the standard of living of its people.
The expression is broader than income alone.
It may involve access to:
- Adequate food
- Housing
- Sanitation
- Clean drinking water
- Healthcare
- Education
- Basic public services
- Safe living conditions
The provision reflects the constitutional understanding that human welfare depends upon a combination of social and economic conditions.
Improvement of Public Health
Improvement of public health is expressly described as one of the State’s primary duties.
Public health involves measures directed towards the health of the population as a whole rather than only the treatment of individual illness.
It can include:
- Disease prevention
- Vaccination
- Sanitation
- Public healthcare facilities
- Maternal and child healthcare
- Health awareness
- Prevention of epidemics
- Access to essential healthcare services
Prohibition of Intoxicating Drinks and Drugs
The second major component of Article 47 concerns the consumption of intoxicating drinks and drugs.
The State is directed to endeavour to bring about prohibition of the consumption of:
- Intoxicating drinks
- Drugs that are injurious to health
The provision contains an important qualification:
The prohibition does not extend to substances used for medicinal purposes.
Article 47 and Public Health
The constitutional treatment of intoxicating substances under Article 47 is based primarily on their potential impact on public health.
The provision does not itself impose a nationwide prohibition.
Instead, it places a constitutional directive upon the State to endeavour towards prohibition.
Different States may therefore adopt different legislative approaches to alcohol and other intoxicating substances within the constitutional and legislative framework.
Article 47 and Fundamental Rights
Article 47 interacts with several Fundamental Rights.
Article 21
Article 21 protects life and personal liberty.
The Supreme Court has interpreted the right to life broadly to include conditions necessary for living with dignity.
Public health has therefore become an important aspect of constitutional rights jurisprudence.
Article 19
Article 19 protects specified freedoms, including freedom of speech and expression and the freedom to practise any profession, or to carry on any occupation, trade or business, subject to constitutional restrictions.
Questions concerning the regulation of intoxicating substances may therefore involve Article 19 as well as Article 47.
Article 21 and Public Health
Public health measures may also involve questions concerning individual liberty, bodily autonomy and access to healthcare.
The constitutional approach requires such measures to operate within the applicable Fundamental Rights framework.
Article 47 and Right to Health
The Constitution does not expressly contain a separate Fundamental Right titled “Right to Health.”
However, the Supreme Court has interpreted Article 21 in a manner that includes important aspects of health and medical care within the protection of life and personal liberty.
Article 47 strengthens this constitutional approach by expressly directing the State to improve public health.
Thus:
Article 21 → Judicially developed protection concerning health and life
Article 47 → Directive Principle expressly requiring improvement of public health
Important Cases
State of Bombay v. F.N. Balsara (1951)
The Supreme Court considered the constitutional validity of provisions of the Bombay Prohibition Act, 1949.
The case involved restrictions concerning intoxicating liquor and raised questions relating to Fundamental Rights and the State’s power to implement prohibition.
The decision is important for understanding the constitutional relationship between prohibition laws, Article 47 and Fundamental Rights.
Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996)
The Supreme Court considered the State’s obligation to provide adequate medical facilities.
The Court recognised that the right to health and medical care is connected with the protection of life under Article 21.
The case is significant when studying Article 47 alongside the constitutional protection of life and public health.
Consumer Education & Research Centre v. Union of India (1995)
The Supreme Court considered the health and safety of workers and recognised the importance of protecting workers’ health within the constitutional framework.
The decision is relevant to the broader understanding of Article 21 and health-related rights, while Article 47 provides a corresponding Directive Principle concerning public health.
Article 47 and Article 21
| Article 47 | Article 21 |
|---|---|
| Directive Principle | Fundamental Right |
| Expressly mentions public health | Protects life and personal liberty |
| Directs the State to improve public health | Judicial interpretation has expanded the protection of life to include health-related interests |
| Not directly enforceable | Enforceable subject to constitutional limitations |
| Part IV | Part III |
The two provisions should be read together when studying the constitutional framework concerning health.
Article 47 and Prohibition
Article 47 is one of the principal constitutional provisions concerning prohibition of intoxicating substances.
However, it does not create an absolute constitutional requirement that every State must prohibit alcohol or every substance capable of causing intoxication.
It directs the State to endeavour towards prohibition where the substances are injurious to health.
The actual legal regulation depends upon legislation and constitutional considerations.
Article 47 and State Excise Powers
Alcohol regulation also has an important relationship with the constitutional distribution of legislative powers.
The State List contains entries relating to intoxicating liquors, including their production, manufacture, possession, transport, purchase and sale, subject to the constitutional framework.
This is one reason why regulation of alcohol can differ considerably between States.
Article 47 and Food Security
The nutritional objective under Article 47 is closely connected with food-security measures.
Government programmes addressing hunger and malnutrition can be viewed as part of the broader constitutional objective of raising nutritional standards.
The Directive Principle therefore has relevance beyond healthcare and extends to access to adequate nutrition.
Article 47 and Children
Children are particularly relevant to the objectives of Article 47 because inadequate nutrition and poor healthcare can affect physical and cognitive development.
Article 47 should therefore be read alongside constitutional provisions such as:
- Article 39(f) – Healthy development of children
- Article 45 – Early childhood care and education
- Article 21A – Right to education
- Article 24 – Prohibition of child employment in factories and certain other workplaces
These provisions collectively reflect the Constitution’s concern with the welfare and development of children.
Article 47 and Directive Principles
Article 47 forms part of a group of Directive Principles dealing with social and economic welfare.
| Article | Main Objective |
|---|---|
| Article 38 | Social order based on justice |
| Article 39 | Principles concerning economic policy and welfare |
| Article 39A | Equal justice and free legal aid |
| Article 41 | Work, education and public assistance |
| Article 42 | Humane working conditions and maternity relief |
| Article 43 | Living wage and decent standard of life |
| Article 45 | Early childhood care and education |
| Article 46 | Advancement of weaker sections |
| Article 47 | Nutrition, standard of living and public health |
Important Features of Article 47
1. Public Health
Improvement of public health is expressly identified as a primary duty of the State.
2. Nutrition
The State is directed to raise the level of nutrition of the people.
3. Standard of Living
The State must work towards improving the standard of living.
4. Prohibition
The State should endeavour towards prohibition of intoxicating drinks and health-injurious drugs.
5. Medicinal Exception
The prohibition objective does not apply to substances used for medicinal purposes.
6. Directive Principle
Article 47 forms part of Part IV.
7. Not Directly Enforceable
Article 47 cannot itself be directly enforced through a court.
Article 47 at a Glance
| Point | Position |
|---|---|
| Article | Article 47 |
| Part | Part IV – Directive Principles of State Policy |
| Main Subjects | Nutrition, standard of living and public health |
| Additional Objective | Prohibition of health-injurious intoxicating drinks and drugs |
| Nature | Directive Principle |
| Enforceability | Not directly enforceable |
| Related Fundamental Right | Article 21 |
| Important Case on Prohibition | State of Bombay v. F.N. Balsara |
| Important Health Case | Paschim Banga Khet Mazdoor Samity v. State of West Bengal |
Article 47 and Related Constitutional Provisions
| Provision | Subject | Connection |
|---|---|---|
| Article 21 | Life and personal liberty | Health-related rights |
| Article 39(e) | Protection of workers’ health | Health and working conditions |
| Article 39(f) | Child development | Health and development of children |
| Article 42 | Humane working conditions | Worker welfare |
| Article 45 | Early childhood care | Child health and development |
| Article 47 | Public health and nutrition | Central constitutional directive |
| Article 48A | Environment protection | Healthy environment |
| Article 51A(g) | Environmental duty | Protection of natural environment |
Common Confusions
Does Article 47 Make Alcohol Prohibition Mandatory Throughout India?
No.
Article 47 directs the State to endeavour to bring about prohibition of intoxicating drinks and drugs injurious to health.
It does not itself impose a uniform nationwide prohibition.
Is Article 47 a Fundamental Right?
No.
It is a Directive Principle of State Policy.
Does Article 47 Create a Directly Enforceable Right to Healthcare?
No.
Article 47 itself is not directly enforceable.
However, the Supreme Court has interpreted Article 21 to include important health-related protections.
Does Article 47 Concern Only Alcohol?
No.
Its scope is much broader.
It addresses:
- Nutrition
- Standard of living
- Public health
- Prohibition of health-injurious intoxicating drinks and drugs
What Is the Exception to the Prohibition Objective?
The provision does not require prohibition of intoxicating drinks or drugs used for medicinal purposes.
Quick Revision
- Article 47 → Nutrition, standard of living and public health.
- It is a Directive Principle of State Policy.
- The State must regard these objectives as among its primary duties.
- It directs the State to improve the level of nutrition.
- It directs the State to improve the standard of living.
- It directs the State to improve public health.
- It also directs the State to endeavour towards prohibition of health-injurious intoxicating drinks and drugs.
- Medicinal use is excluded from the prohibition objective.
- Article 47 is not directly enforceable.
- Article 21 is important for understanding the constitutional protection of health.
- State of Bombay v. F.N. Balsara is important in relation to prohibition.
- Paschim Banga Khet Mazdoor Samity v. State of West Bengal is important in relation to healthcare and Article 21.
Conclusion
Article 47 places nutrition, standard of living and public health among the State’s primary constitutional concerns. It also encourages the State to pursue prohibition of intoxicating drinks and health-injurious drugs, subject to the medicinal exception.
Although Article 47 is not directly enforceable, its principles influence legislation and public policy and complement the Fundamental Rights framework, particularly the judicial interpretation of Article 21.
The key point to remember is:
Article 47 → State shall regard raising nutrition, improving the standard of living and improving public health as among its primary duties, while endeavouring towards prohibition of health-injurious intoxicating drinks and drugs.
