Characteristics and features of welfare state
🇮🇳 Welfare State in India
📌 1. What is a Welfare State?
A welfare state is a concept where the government assumes primary responsibility for the welfare of its citizens, especially those who are vulnerable and disadvantaged. It ensures that basic minimum needs like health, education, housing, food, and employment are met, along with social justice and economic equality.
🧭 2. Constitutional Basis of Welfare State in India
India is constitutionally committed to being a welfare state.
Preamble: Justice—social, economic, and political.
Directive Principles of State Policy (Part IV): Non-justiciable guidelines for the State to promote welfare (Articles 38–51).
Fundamental Rights (Part III): Enforceable rights to uphold individual dignity and liberty.
India’s constitutional framework combines political democracy with socio-economic justice — the heart of welfare state ideals.
⭐ 3. Key Features / Characteristics of a Welfare State
| Feature | Description |
|---|---|
| 1. Social Justice | Equal opportunities for all, with special care for marginalized communities (SC/ST, women, poor). |
| 2. Economic Welfare | Reduction of poverty, income inequality, and provision of livelihood (e.g., MGNREGA). |
| 3. Protection of Fundamental Rights | The state ensures that citizens enjoy dignity, liberty, and equality. |
| 4. Directive Principles | Mandates the State to provide health, education, public assistance, etc. |
| 5. Public Sector Role | Government actively engages in key industries to ensure equitable growth. |
| 6. Rule of Law | Welfare state operates within constitutional limits and legal framework. |
| 7. Secularism & Equality | No discrimination based on religion, caste, or gender. |
⚖️ 4. Landmark Case Laws on Welfare State in India
Let’s now explore more than five detailed cases that have significantly shaped India’s welfare state jurisprudence.
✅ Case 1: Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225
➤ Issue:
Can Parliament amend the Constitution to curtail Fundamental Rights?
➤ Judgment:
Introduced the "Basic Structure Doctrine".
Held that the Welfare State is part of the basic structure.
Parliament can amend the Constitution but cannot destroy its welfare character.
➤ Importance:
Ensures that India will always remain a welfare state.
Protects Directive Principles from being rendered ineffective.
✅ Case 2: Olga Tellis v. Bombay Municipal Corporation (1985) 3 SCC 545
➤ Issue:
Are pavement dwellers entitled to protection under Article 21?
➤ Judgment:
Held that Right to Livelihood is part of Right to Life (Article 21).
Welfare obligation of the state includes protecting the poor from arbitrary eviction.
➤ Importance:
Reinforces the state’s duty to ensure survival and dignity of the poor.
Livelihood becomes a constitutional guarantee.
✅ Case 3: Unni Krishnan J.P. v. State of Andhra Pradesh (1993) 1 SCC 645
➤ Issue:
Is the right to education a Fundamental Right?
➤ Judgment:
Declared Right to Education up to age 14 as part of Right to Life.
Directed the state to fulfill its Directive Principle duty under Article 45.
➤ Importance:
Led to the 86th Constitutional Amendment and Article 21A.
Strengthened the education component of welfare state.
✅ Case 4: Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996) 4 SCC 37
➤ Issue:
Does the government have a duty to provide medical aid?
➤ Judgment:
Held that failure to provide timely medical treatment violates Article 21.
State is duty-bound to provide affordable health care.
➤ Importance:
Made public health a constitutional obligation.
Expanded welfare responsibilities of the state.
✅ Case 5: Chameli Singh v. State of U.P. (1996) 2 SCC 549
➤ Issue:
Does the Right to Shelter fall under the Right to Life?
➤ Judgment:
Held that right to shelter is part of Right to Life under Article 21.
Recognized housing as a basic human need in a welfare state.
➤ Importance:
Emphasized the State’s duty to provide minimum housing to the poor.
✅ Case 6: M. Nagraj v. Union of India (2006) 8 SCC 212
➤ Issue:
Can the State give reservation in promotions to SC/ST in government jobs?
➤ Judgment:
Held that affirmative action is part of the welfare state structure.
State can give reservation if it proves backwardness and inadequate representation.
➤ Importance:
Balances social justice with administrative efficiency.
Affirms that affirmative action is essential in a welfare state.
✅ Case 7: Mohini Jain v. State of Karnataka (1992) 3 SCC 666
➤ Issue:
Is charging capitation fees in education violative of the Constitution?
➤ Judgment:
Declared Right to Education as fundamental.
Capitation fee was held to be unconstitutional as it violated Article 14 and 21.
➤ Importance:
Reinforced equality and accessibility in education.
Upheld welfare principles in education policy.
✅ Case 8: State of Kerala v. N.M. Thomas (1976) 2 SCC 310
➤ Issue:
Is reservation for promotion justifiable under equality provisions?
➤ Judgment:
Held that Article 16(4) allows special provisions for backward classes.
Reservation is a tool of welfare and social upliftment.
➤ Importance:
Validated positive discrimination as a part of welfare governance.
🧾 5. Conclusion
🏛️ India as a Welfare State:
India's legal and constitutional systems affirm that the state must play an active role in securing the welfare of all its citizens, particularly the marginalized. This is achieved through:
Fundamental Rights ensuring liberty and equality.
Directive Principles guiding social and economic justice.
Judicial activism expanding the scope of Article 21.
📚 Judicial Role:
Through its judgments, the judiciary has:
Expanded the definition of life and liberty.
Held the State accountable for failures in providing basic needs.
Balanced individual rights with social welfare obligations.
RELATED Blog
0 comments