HC: Decision of the Government of opening more liquor shops, Bars/Parlours cannot be said to be violative of Constitution [Read Judgment]

Writ Petition filed before the Kerala High Court, stating that the alcoholism has grown up in Kerala, as a state-sponsored gruesome menace of alarming proportion, only because of and through unconstitutional policies and practices adopted by the State, and the High Court of Kerala comprising of Chief Justice S. ManiKumar and Chief Justice Shaji P. Chaly, in its judgment stated that the decision of the Government in opening more liquor shops, Bars/Parlours cannot be said to be violative of Constitution.

HC Findings And Judgment

The High Court in its findings stated that the State under its regulatory power conferred under Article 47 of the Constitution of India, has the power to prohibit absolutely every form of activity in relation to intoxicants – its manufacture, storage, export, import, sale, and possession.

The Laws relating to economic activities should be viewed with greater latitude than laws touching civil rights such as freedom of speech, religion, etc., and the legislature should be allowed, greater play in the case of legislation dealing with economic matters.

The courts, in the exercise of their power of judicial review, do not ordinarily interfere with the policy decisions unless such policy framed could be faulted on the grounds of malafide, unreasonableness, arbitrariness, unfairness, etc. If the policy cannot be faulted on any of these grounds, the mere fact that it would hurt the business interests of a party does not justify invalidating the policy.

The Court in its Judgment stated that the courts are not expected to express their opinion as to whether at a particular point of time or in a particular situation any such policy should have been adopted or not. It is best left to the discretion of the State.

It is to be presumed that before a policy is formulated by a State Government, all relevant aspects and the prevailing fact situation, attending circumstances, and the public interest are taken into account. Unless a policy decision ex facie conflicts with a constitutional or statutory provision, or is apparently against public interest it cannot be struck down merely on the ground that the decision is not a prudent and wise one. The government has the power to frame and re-frame, change and re-change, adjust and readjust policy, the said action cannot be declared illegal, arbitrary or ultra vires the provisions of the Constitution only on the ground that the earlier policy had been given up, changed or not adhered to.

Further, the Writ Petition was dismissed

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