Duty to Raise Nutrition and Public Health (Article 47)

Nutrition public health is treated as a primary duty of the State under Article 47, which 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 endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health." It is a Directive Principle of State Policy in Part IV, combining a broad welfare mandate with a specific prohibition-related directive.

Two Strands Within Article 47

Article 47 combines a general welfare goal with a specific policy instruction. The general strand asks the State to treat raising nutrition levels, improving standards of living, and improving public health as "primary duties" — language stronger than the more open-ended "endeavour to secure" found in some other Directive Principles. The specific strand directs the State to work toward prohibiting the consumption of intoxicating drinks and health-injurious drugs, except where used for medicinal purposes.

The Prohibition Directive in Practice

The prohibition-related part of Article 47 has had a mixed record of implementation. Some states have enacted various forms of liquor prohibition over the decades, but implementation nationally has remained uneven, partly because state governments derive significant excise revenue from the sale of alcohol, creating a tension between the constitutional directive and fiscal considerations. This gap between the constitutional aspiration and its patchy execution is often cited as an example of how Directive Principles, being non-justiciable, depend on political will for realisation.

Constituent Assembly Debate on Public Health

During the Constituent Assembly debates, Shri H.V. Kamath argued that public health had been the "Cinderella of portfolios" under British rule, neglected to the point that national health standards had fallen severely. He urged that public health be made a Concurrent subject so that the Centre could coordinate and initiate health schemes across provinces, arguing that without central coordination, provincial health schemes—however well-intentioned—would fail to achieve their goals. This debate reflects the framers' concern that health improvement required coordinated national action, a concern that finds constitutional expression in Article 47's designation of public health improvement as a State priority.

Article 47 and the Federal Structure

Public health and sanitation are subjects that fall within the domain of State legislative competence, but as the Constituent Assembly debate on the subject shows, there was an early recognition of the need for central coordination in areas like disease prevention and vaccination schemes. Article 47's framing of nutrition and public health as State duties operates alongside this federal division of legislative subjects, providing constitutional weight to health policy regardless of which level of government primarily administers it.

Why Article 47 Matters for Welfare Policy

As a Directive Principle, Article 47 cannot be enforced by courts, but its language — describing nutrition, living standards, and public health improvement as "primary duties" of the State — has provided a constitutional reference point for welfare and public health legislation and schemes over the decades. It reflects a foundational commitment, alongside other Part IV provisions, that the Indian State is not merely a political or administrative structure but one with an affirmative obligation toward the wellbeing of its people.

UPSC Relevance

Prelims

• Article 47 is a Directive Principle in Part IV describing nutrition, standard of living, and public health improvement as "primary duties" of the State.
• It specifically directs prohibition of intoxicating drinks and injurious drugs, except for medicinal use.
• Directive Principles are non-justiciable under Article 37.

Mains

• Discuss the significance of Article 47 for India's public health and nutrition policy, and the challenges in implementing its prohibition directive.
• Examine the Constituent Assembly's concerns about coordinated national action on public health, as reflected in the debate on Article 47's antecedents.

FAQ

Q1. What does Article 47 provide? It directs the State to regard raising nutrition levels, improving the standard of living, and improving public health as primary duties, and to endeavour to prohibit intoxicating drinks and health-injurious drugs except for medicinal use.

Q2. Is Article 47 legally enforceable? No. As a Directive Principle of State Policy under Part IV, it is non-justiciable under Article 37, though the State is expected to be guided by it.

Q3. Has the prohibition directive in Article 47 been implemented nationally? Implementation has been uneven; some states have adopted forms of liquor prohibition, while others have not, partly due to reliance on excise revenue from alcohol sales.

Q4. What did Shri H.V. Kamath argue in the Constituent Assembly regarding public health? He argued that public health had been neglected under British rule and should be made a Concurrent subject to enable central coordination of health schemes and disease-prevention efforts.

Q5. Does Article 47 make public health a Union subject? No, public health and sanitation generally remain within State legislative competence, but Article 47 gives constitutional weight to the goal of improving public health regardless of which level of government administers it.

Quick Revision

• Article 47: nutrition, standard of living, public health as "primary duties" of the State.
• Also directs prohibition of intoxicating drinks/injurious drugs (except medicinal use).
• Part IV Directive Principle, non-justiciable (Article 37).
• Prohibition implementation uneven due to state excise revenue dependence.
• Constituent Assembly debate (H.V. Kamath) sought central coordination for public health.

Sources

• Constitution of India — Ministry of Law and Justice, legislative.gov.in
• India Code — Constitution of India, Part IV

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

• M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
• D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
• The Constitution of India — Bare Act — the official text.

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