The Constitution of India
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.
Why this exists
Article 47 is one of the Directive Principles of State Policy, added to guide the government in building a welfare state after independence. It reflects Mahatma Gandhi's strong advocacy for prohibition and his belief that alcohol and drug use harmed the poor and working classes. The framers wanted the Constitution to push the State toward improving basic living conditions—food, health, and freedom from addiction—as part of nation-building, even though these principles are not enforceable in court.
How courts read it
Courts have generally held that Article 47, like other Directive Principles, is not enforceable by itself but can guide the interpretation of laws and be read alongside Article 21 (right to life) to support public health measures. In cases involving prohibition laws, courts have referenced Article 47 to uphold the State's power to regulate or ban alcohol, recognizing it as a legitimate policy goal, while also balancing it against individual rights and economic considerations (such as revenue from liquor sales). No single landmark case has fully defined its scope, and its practical effect has largely been through State-level prohibition laws and public health policies rather than direct judicial enforcement.
Common misconceptions
- Myth: Article 47 makes alcohol illegal everywhere in India.
Fact: Article 47 only encourages the government to work toward prohibition; it doesn't itself ban alcohol. Whether alcohol is banned depends on individual state laws, since 'intoxicating liquors' is a state subject. - Myth: Article 47 can be enforced in court like a fundamental right.
Fact: As a Directive Principle of State Policy, Article 47 is a guideline for government policy, not something citizens can directly sue to enforce.