Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health

Leading cases

• Khoday Distilleries Ltd. v. State of Karnataka (1994)A citizen has no fundamental right under Article 19(1)(g) to trade or do business in potable liquor; the State may prohibit it completely, create a monopoly in itself, and impose restrictions even by subordinate legislation.
• State of Bombay v. F.N. Balsara (1951)The Court upheld the Bombay Prohibition Act, 1949 as within provincial competence over intoxicating liquors, striking down only its bans on medicinal and toilet preparations containing alcohol, on 'commending' intoxicants and certain other severable provisions.
• Vellore Citizens Welfare Forum v. Union of India (1996)The Court held that the precautionary principle and the polluter pays principle are part of Indian environmental law, and directed an authority under the Environment (Protection) Act, 1986 to assess and recover compensation from polluting tanneries in Tamil Nadu.
• Municipal Council, Ratlam v. Vardhichand (1980)A municipality cannot plead lack of funds to escape its statutory duty to provide sanitation; a Magistrate under Section 133 CrPC must order abatement of a public nuisance and may give specific, time-bound directions to a public body.

Questions on this article

4 questions in 10 of our papers cite Article 47. Try these from the free papers:

1. 1. Article 47 directs the State to endeavour to bring about prohibition of the consumption of intoxicating drinks and of drugs which are injurious to health, except for:

   A.religious purposesB.medicinal purposesC.industrial purposesD.purposes of scientific research
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2. 2. In Khoday Distilleries Ltd. v. State of Karnataka (1995), a Constitution Bench of the Supreme Court held, in relation to trade in potable liquor, that:

   A.the State may regulate trade in potable liquor but can never prohibit it completely while Article 19 standsB.trade in potable liquor is a fundamental right under Article 19(1)(g), subject only to reasonable restrictionsC.the State may prohibit only the sale of liquor, while its manufacture remains a protected fundamental rightD.there is no fundamental right to trade in potable liquor, and the State may prohibit such trade completely
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