The doctrine of parens patriae, Latin for "parent of the country," is a long-standing principle that empowers the state to act as the guardian of individuals who are unable to care for themselves or their interests. Rooted in English common law, this doctrine has found significant resonance and application within the framework of the Indian Constitution, particularly through the expansive interpretation of fundamental rights and the directive principles of state policy.

In essence, parens patriae jurisdiction allows the state to step in as a protector of those deemed vulnerable, such as minors, the mentally ill, the disabled, and even, in broader interpretations, the environment and public interest. The underlying rationale is the state's inherent responsibility to ensure the well-being of its citizens and to safeguard societal interests when individuals or entities are incapable of doing so.

The Indian Constitution, while not explicitly mentioning the term parens patriae, provides ample scope for its application through various provisions. The Directive Principles of State Policy (Part IV), particularly Articles 38 and 39, mandate the state to secure a social order for the promotion of welfare and to ensure that the health and strength of workers, men and women, and the tender age of children are not abused. These principles lay the foundation for the state's interventionist role in protecting vulnerable sections of society.

Furthermore, the fundamental rights enshrined in Part III, especially Article 21 (Right to Life and Personal Liberty), have been interpreted expansively by the Supreme Court to encompass the right to a dignified life, which includes access to basic necessities, healthcare, and a safe environment. This broad interpretation provides a constitutional basis for the state to act as parens patriae when these rights are threatened, particularly for those unable to assert them effectively.

Several landmark cases have illuminated the application of this doctrine in India:

• • State of Maharashtra v. Manubhai Pragaji Vashi (1995): This case extensively discussed the doctrine of parens patriae in the context of missing children. The Supreme Court recognized the state's responsibility to act as the guardian of children who are deprived of parental care and protection. The court emphasized the state's duty to trace missing children, provide them with care and rehabilitation, and ensure their welfare.
• • Charu Khurana v. Union of India (2015): While primarily focusing on the rights of visually impaired persons, this case reiterated the state's obligation under the parens patriae principle to protect the interests of disabled individuals and ensure their full and equal participation in society. The court emphasized the need for affirmative action and the removal of barriers that hinder their integration.
• • _Environmental Cases_: The doctrine has also been invoked in cases concerning environmental protection. The Supreme Court has recognized the state's role as the guardian of the environment, acting on behalf of future generations and the public at large to prevent pollution and ecological degradation. Cases involving the protection of forests, rivers, and wildlife often implicitly rely on this principle.

The application of parens patriae is not unfettered. The state's intervention must be in the best interests of the vulnerable individuals or the broader public interest. Judicial review ensures that the state's actions under this doctrine are not arbitrary, discriminatory, or violative of fundamental rights. The courts act as the ultimate arbiters, balancing the state's protective role with the individual's autonomy and rights.

In conclusion, the doctrine of parens patriae, though not explicitly codified, is an intrinsic aspect of the Indian constitutional framework. It provides the state with the necessary authority and responsibility to act as the guardian of those who cannot effectively protect themselves or the larger public interest. Through the expansive interpretation of fundamental rights and the guiding principles of state policy, and as elucidated in various judicial pronouncements, this doctrine plays a crucial role in ensuring social justice, protecting vulnerable populations, and safeguarding the environment, ultimately upholding the welfare of the nation.