PTI
New Delhi, May 3: The Supreme Court has asked the Centre and the states to seriously consider imposing prohibition in view of the fact that more and more younger people were getting addicted to liquor.
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"Article 47 of the Constitution of India clearly casts a duty on the state at least to reduce the consumption of liquor in the state gradually leading to prohibition itself," a bench of Justice S B Sinha and Justice P K Balasubramanyan said.
"It appears to be right to point out that the time has come for the states and the Union government to seriously think of taking steps to achieve the goal set by Article 47 of the Constitution of India," it said.
The apex court`s observations came on an appeal filed by Maharashtra challenging an interim order passed by the Nagpur bench of the Bombay High Court which had stayed the collection of licence fee from a liquor manufacturer in the state. The bench set aside the High Court order.
Aricle 47 of the constitution says, "the state shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular the state shall endeavour to bring about prohibition of the consumption except for medical purposes of intoxicating drinks and of drugs which are injuririous to health."
According to Article 37, directive principles of state policy are not enforceable by any court but they are nevertheless fundamental in the governance of the country and "it shall be the duty of the state to apply these principles in making laws."
The bench said "it is a notorious fact, of which we can take judicial notice, that more and more of the younger generation in this country is getting addicted to liquor.
"It has not merely become a fashion to consume it but it has also become an obsession with very many. Surely, we do not need an indolent nation," the bench said.
"Why the state in the face of Article 47 of the Constitution of India should encourage, that too practically unrestrictedly, the trade in liquor is something that it is difficult to appreciate," it said.
The Court said "the only excuse for the state for not following the mandate of Article 47 of the constitution is that huge revenue is generated by this trade and such revenue is being used for meeting the financial needs of the state.
"What is more relevant here is to notice that the monopoly in the trade is with the state and it is only a privilege that a licensee has in the matter of manufacturing and vending liquor," it added.
This is not for the first time that the apex court has reminded the state of its obligation to make sincere efforts to realise the goals set out in directive principles of state policy under chapter IV of the Constitution.
Earlier, the court had asked the centre to consider bringing in law for common civil code for all citizens as envisaged under Article 44 of the Constitution.
Last year, a constitution bench headed by the then Chief Justice of India R C Lahoti had upheld a Gujarat law banning cow slaughter in the state on various grounds including Article 48 which enjoins upon the state to take steps for prohibiting the slaughter of cows and calves and other mulch and draught cattle.