Article 246: The Article 246 divides the topics of legislation between Union and State. It also provides the details of Concurrent list in which both the Union and State make laws by sharing the jurisdiction including the protection of mines, wildlife, and minerals development. So, both State and Union have power to enact laws to protect the environment.

Article 246 also provides the extra power to Parliament in order to make laws in State list for the National interest.

Article 47: This article obliges duty on the State in order to enhance the standards of living of citizens by offering health facilities, proper nutrition, and sanitation and safeguard the environment to live safely. Article 47 also pressurizes its citizens to be more conscious of the environment.

Article 19(1) (g):  It states that citizens cannot practice such trade or business activities which are hazardous to public health.

Xavier’S Residency vs The State of Kerala on 27 August 2014

On 22.08.2014, the Government of Kerala notified its Abkari Policy for the year 2014-15. The new Abkari Policy, only hotels having Five Star classification and above granted by the Ministry of Tourism, Government of India are entitled to be granted Bar licences, all existing bar attached hotels have been issued with notices by the Excise Commissioner informing them that, their bar licences would stand cancelled on the expiry of 15days of the date of such notices. The hotels that face cancellation of their Bar filed these writ petitions challenging the Abkari Policy, the consequential amendments to the Foreign Liquor Rules and the notices issued to them, terminating their bar licences. Petitioners in these writ petitions are mostly hotels having no star, two-star, three stars, four start or heritage classification.  Arguments have been put forward, attacking the constitutionality of the Abkari Policy, claiming violation of the fundamental rights enshrined in Articles 14 and 19(1)(g) of the Constitution.

Arguments on behalf of the State

Judicial interference with matters of policy is limited and confined to situations where there are compelling circumstances justifying such intervention. State has a duty, which is a fundamental duty under Article 47 of the Constitution, to bring about prohibition of the consumption of intoxicating drinks and drugs which are injurious to health. In the face of the constitutional duty cast on the state, the present State action cannot be characterized as unjustified or uncalled for. The State is only striving to discharge its fundamental duty. According to the learned Senior Counsel, no citizen has a fundamental right to trade in liquor. Article 19(1)(g) read with Article 19(6)[1] and Article 47 of the Constitution obligates the State to initiate action with a view of reduce consumption of liquor.

Dependence is placed on the Constitutional Bench decision of the Supreme Court Khoday Distilleries Ltd v. State of Karnataka[2]  to contend that trade in liquor is objectionable and no citizen has a fundamental right to trade in liquor. The State has a duty to protect the public from deleterious substances. Intoxicating liquor being a substance that is res extra commercium, it is contended that, any restriction on a trade in the said substance would have to be viewed as a restriction made in discharge of the Constitutional duty under Article 47. the fact that Article 47 of the Constitution enjoins upon the State to prohibit consumption of intoxicating drink like liquor, which falls for consideration in the present case and, therefore, the right to trade or business in potable liquor is subject also to the provisions of the said article. Whether one states as in K.K.Narula case that the citizen has a fundamental right to do business but subject to the State’s powers to impose valid restrictions under clause (6) of Article 19 or one takes the view that a citizen has no fundamental right to do business but he has only a qualified fundamental right to do business, the practical consequence is the same so long as the former view does not deny the State the power to completely prohibit, trade or business in articles and products like liquor as a beverage, or such trafficking as in women and slaves.” Article 47 of the Constitution considers intoxicating drinks and drugs as injurious to health and impeding the raising of level of nutrition and the standard of living of the people and improvement of the public health. It, therefore, ordains the State to bring about prohibition of the consumption of intoxicating drinks which obviously include liquor, except for medicinal purposes. Article 47 is one of the Directive Principles which is fundamental in the governance of the country. The State has, therefore, the power to completely prohibit the manufacture, sale, possession, distribution, and consumption of potable liquor as a beverage, both because it is inherently a dangerous article of consumption and also because of the Directive Principle contained in Article 47, except when it is used and consumed for medicinal purposes.[3]

[1] Nothing in sub clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub clause, and, in particular, nothing in the said sub clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to,

(i) the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade, or business, or

(ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry, or service, whether to the exclusion, complete or partial, of citizens or otherwise

[2] (1995) 1 SCC 574

[3] https://indiankanoon.org/doc/80363257/

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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