ABSTRACT

This article analyses the concept of the Welfare State, its evolution, and its role in modern society in Indian context. It discusses the historical development of welfare state and highlights a relevant case study to understand its practical impact. The article also critically analyzes the
effectiveness and challenges of welfare systems, including issues such as financial burden and dependency. At last, it provides suggestions for improving welfare measures to ensure balanced growth and social justice of the citizens.

INTRODUCTION
A Welfare State is a concept of government in which the state is responsible for the protection of the social & economic well-being of its citizens. It is based on the key principles of equality of opportunity, equitable distribution of wealth, and public responsibility for those who are unable to provide themselves with the minimal requirements for a decent and dignified life.1 India, though not when under British rule, is considered as a welfare state. Under Part IV of the Constitution of India, Articles 38 and 39 provide that the State must strive to protect the
rights of its citizens, especially, the weaker ones. States adopt various welfare policies depending on their economic capacity and political ideology, but the main aim stays the same: to protect weaker sections of society and improve overall quality of life of the citizens.

HISTORICAL BACKGROUND
In ancient context, King Ashoka of the Mauryan Empire professed the concept of welfare state by spreading dharma through his state policies. While the German term for welfare or social state, sozialstaat, had been in use since 1870s, the phrase, “welfare state,” was popularized by Anglican Archbishop William Temple, author of the book Christianity and Social Order (1942), during the World War II.2 The activities of modern welfare states extend to the provision of both cash welfare benefits, such as old-age pensions, and in-kind welfare services.

CASE STUDY
The Hon’ble Supreme Court of India, in Lala Ram v. Union of India (2015) 5 SCC 813, held that “a welfare State must serve the larger public interest.” The case dealt with increased license fee of shops built on Railway land in Sadar Bazar, Delhi. In 1980, Railways Authority had
increased the fee to which the shopkeepers objected and the order was subsequently withdrawn.

However, in 1987, the authorities demanded the increased license fee with retrospective effect. Hon’ble High Court of Delhi noted that Railways Authority was justified in raising the license fee as if a similar shop was owned by private entities, its rent must have been much more, and state generates funds to provide welfare services to its people and cannot run in deficit. The Supreme Court, however, partly allowed the appeal by allowing the collection of fees by authorities but striking off the order that the fee would be calculated with retrospective effect.

CRITICAL ANALYSIS
Salus populi suprema lex – the welfare of the people is the supreme law. The concept of welfare state is appreciated and promoted as it caters to the main organ of the state – its population. However, concerns regarding maintaining the balance between welfare services and economic status of the state arise when the state spends more than it earns. Furthermore, the benefits are sometimes transferred to those who do not need it while others keep on suffering. Sometimes,  political parties also run their propaganda in the name of serving welfare schemes.
CONCLUSION
The concept of Welfare State is an essential part of an ideal and utopian society, which is aimed by noted socialists like Karl Marx. This concept can be implemented if certain conditions are fulfilled. Primary condition is to carve out what benefits can be provided by the state depending on its financial capabilities and natural resources. Secondly, identifying the weaker section of the society who truly needs the support so that benefits reach the needful and state’s resources do not get exploited. Thirdly, similar to the first one, not to compete against any state regarding provision of welfare schemes. For example, India’s economy does not allow it to compete against Scandinavian countries in matters of providing certain benefits, like lesser work hours. India is already dedicated to serving social benefits and protecting its people’s rights. The status of welfare state can be achieved in full sense if the state focuses upon the suggestions and design its policies accordingly.