The Constitution of India
Article 48
Organisation of agriculture and animal husbandry
The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle
Why this exists
This Article is part of the Directive Principles of State Policy, added by the Constitution's framers to guide government policy even though these principles aren't directly enforceable in court. It reflects India's agrarian economy, where cattle were essential for farming (draught power) and milk production. It also reflects the religious and cultural significance of cows in Hindu tradition, blending economic modernization goals with cultural values. The framers wanted India to move toward scientific agricultural practices while also protecting an animal seen as vital to rural livelihoods and revered by many.
How courts read it
The Supreme Court has referenced Article 48 in several cases upholding state laws banning cow slaughter, such as in Mohd. Hanif Quareshi v. State of Bihar (1958), where the Court held that a total ban on slaughtering cows and calves was reasonable, but restrictions on other cattle needed economic justification. Later cases, including State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat (2005), expanded the scope for states to justify broader bans, with courts weighing Article 48's directive alongside citizens' fundamental rights to trade and religion under Articles 19 and 25.
Common misconceptions
- Myth: Article 48 makes cow slaughter illegal everywhere in India.
Fact: Article 48 itself isn't directly enforceable law; it's a guiding principle. Actual bans on cow slaughter come from separate state laws, and their validity is judged in courts considering fundamental rights too. - Myth: Article 48 only protects cows because of religious reasons.
Fact: While religious sentiment is a factor courts have acknowledged, Article 48's text focuses on economic and scientific reasons—preserving breeds and protecting animals useful for milk and farm labor.