ISSUE III

CONSIDERATION TO BE GIVEN TO DIRECTIVE PRINCIPLES OF STATE POLICY

ARTICLE 38: State to secure a social order for the promotion of the welfare of the people:

The State shall strive to promote the welfare of the people by securing and protecting as
effectively as it may a social order in which justice, social, economic and political, shall inform
all the institutions of the national life. The State shall, in particular, strive to minimize the
inequalities in income, and endeavor to eliminate inequalities in status, facilities and
opportunities, not only amongst individuals but also amongst groups of people residing in
different areas or engaged in different vocations.1 State action must be directed towards
attaining the goals set out in part iv of the constitution which, when achieved, would permit us to
claim that we have set up a welfare state.2 Reasonable restrictions can be imposed on the
fundamental rights when the restrictions are targeted towards the interest of the citizens.3 Any act
enacted by the state legislature for achieving the objective of establishing a fair and justicible
society in the state within the meaning of articles 38 and 39 of the constitution.4 The citizens
hope and trust, the government who is the guardian of the people and is obliged
under article 38 of the constitution, to secure a social order for the promotions of welfare of the
people, to eliminate inequalities in status, will endeavour to give maximum.5 In the given case,
the government is trying to abridge the gap between the two classes by preventing corruption in
different schemes.6 Also, by preventing duplicate identity card the govt. is ensuring the security
of the citizens.7 So, it is humbly submitted before the Honble court that in the given situation the
govt. adopted the Pehchaan policy and Pehchaan card initiative for the welfare of the people as
guided by the Article 38 of the constitution such that the state is establishing the social order in
which the inequalities would be tackled.

1
Article 38 of the Indian Constitution
2
Dr.K.Krishnamurthy & ors. V State of Karnataka
3
Indian express pvt ltd v Union of india (1973) 2 SCR 757
4
V. Chenniah & ors. V State of Andhra Pradesh (2005) 1 SCC 394
5
Gujarat Agricultural University v Rathod Labu Bechaar AIR (2001) SC 706
6
Para 1 , fact sheet
7
ibid
Article 47: Duty of the state to raise the level of nutrition & to improve health:
It is humbly submitted that it was said that Article 39(e) , Article 47 & Article 48 of the
constitution of india,by themselves cast a duty on state to improve the health of the nation.8 the
right of one person correlates to a duty upon another, individual, employer, government or
authority. Hence, the right of a citizen to live under art 21 casts and obligation on the state. This
obligation is further reinforced under art 47; it is for the state to secure health to its citizens as its
primary duty.9 The governments responsibility to provide medical aid to every person in the
country, held that in a welfare state, the primary duty of the government is to secure the welfare
of the people. Providing adequate medical facilities for the people is an obligation undertaken by
the government in a welfare state. The government discharges this obligation by providing
medical care to the persons seeking to avail of those facilities.10 The maintenance and
improvement of public health is the duty of the State to fulfill its constitutional obligations cast
on it under Article 21 of the Constitution.11 In a welfare state, therefore, it is the obligation of the
state to ensure the creation and the sustaining of conditions congenial to good health.12 In
arguendo, to the fact that the information regarding medical history of the patients it is violative
of the fundamental it is humbly submitted by the counsel on behalf of the respondents that the
state is asking for these information for the welfare of the state in terms of the health which the
Article 47 directs the state to do so. Also, the benefits of the data stored by the govt. is that any
person who will be affected by the medical history of another person can have an access over the
data with just one click once the person gives approval and consent to the govt. to share such
data. For instance, if a woman is getting married to a person with HIV she can have an access to
the data of the person she is getting married via data stored by the govt. In this way , health of
the state will improve and the purpose will be achieved via Pehchaan card.

8
M.C. Mehta v Union of India 1987 SCR (1) 819
9
State of Punjab v Ram Lubhaya Bagga
10
Pashim Banga Khet Mazdoor Samity v State of West Bengal
11
Unnikrishnan v state of Andhra Pradesh
12
Vincent v Union of India