Article 47 of the Indian Constitution: Ensuring Public Health and Prohibition of Intoxicating Liquors in the Modern Era

Introduction

Article 47 of the Indian Constitution embodies the directive principle of state policy that aims to improve public health and promote the prohibition of intoxicating liquors for the well-being of society. In the current modern era, marked by changing health challenges and evolving societal attitudes towards alcohol consumption, it is crucial to discuss the scope, implications, and relevant case laws associated with Article 47.

Understanding Article 47

Article 47 is a part of the Directive Principles of State Policy (DPSP) enshrined in Part IV of the Indian Constitution. It states that 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. It further emphasizes that the state shall endeavor to bring about prohibition of intoxicating drinks and drugs to prevent their misuse and the resulting public health issues.

Relevant Case Laws Shaping the Interpretation of Article 47

1. State of Bombay v. F.N. Balsara (1951) :

The F.N. Balsara case focused on the Bombay Prohibition Act, which aimed to ban the sale and consumption of alcohol in the state. The Supreme Court upheld the constitutional validity of the Act, stating that the state has the power to legislate for public welfare, including the prohibition of liquor, as it is within the purview of Article 47. The case recognized the importance of Article 47 in addressing public health concerns related to alcohol consumption.

2. State of Tamil Nadu v. K. Balu (2017):

In this case, the Supreme Court dealt with the issue of liquor shops located near highways. The court directed the closure of liquor shops within a specified distance from national and state highways to reduce accidents caused by drunk driving. The case highlighted the need to implement measures in line with Article 47 to protect public health and ensure road safety.

3. Kerala Bar Hotels Association v. State of Kerala (2016):

The Kerala Bar Hotels Association case addressed the state government's decision to close down bars and allow only five-star hotels to serve alcohol. The Supreme Court upheld the government's decision, stating that it was within the ambit of Article 47 to regulate the sale and consumption of alcohol in the interest of public health. The case emphasized the state's duty to prioritize public health over commercial interests.

Relevance of Article 47 in the Modern Era

1. Public Health and Well-being:

In the modern era, public health has become a significant concern. Article 47 highlights the state's duty to improve public health by promoting measures that address the harmful effects of intoxicating liquors. It recognizes the correlation between alcohol consumption and various health issues, including addiction, liver diseases, and social problems. Implementing policies in line with Article 47 can contribute to better public health outcomes.

2. Preventing Substance Abuse:

Alcohol and drug abuse continue to be significant social issues. Article 47 emphasizes the need to prevent the misuse of intoxicating substances and the resulting negative impact on individuals and society. By implementing regulations and prohibition measures, the state can take proactive steps to reduce substance abuse, protect vulnerable populations, and promote a healthier and safer environment.

3. Balancing Public Welfare and Individual Liberties:

Article 47 raises important questions about the balance between public welfare and individual liberties. While the state has a responsibility to promote public health, it should also consider the rights and choices of individuals. In the modern era, it is essential to strike a balance that respects personal freedoms while safeguarding public well-being. Policies and interventions should be evidence-based, considerate of cultural contexts, and tailored to address the specific challenges of alcohol consumption.

Conclusion

Article 47 of the Indian Constitution recognizes the significance of public health and the need to combat the harmful effects of intoxicating liquors. The case laws discussed above have contributed to shaping the interpretation of Article 47 and reinforcing the state's duty to protect public health by regulating the sale and consumption of alcohol. In the modern era, Article 47 remains relevant as it addresses the evolving health challenges associated with substance abuse. By implementing effective policies and striking a balance between public welfare and individual liberties, India can work towards fulfilling the objectives outlined in Article 47 and promoting a healthier and safer society.