Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950: Art.14 - Exclusion of Five star hotels in the State of Kera/a from ban to serve alcohol in their bars - Constitutional validity of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India, 1950:Art.14 - Exclusion of Five star hotels in the State ofKerala from ban to serve alcohol in their bars - Constitutionalvalidity of - Held: Banning public consumption of alcohol isa positive step toward bringing down the consumption ofalcohol- There is no illegality or irrationality with the intentionof the State to clamp down on public consumption of alcohol- The impugned policy, therefore, cannot be written off asarbitrary or procedurally unsound - Foreign Liquor RulesAbkari Act, 1077 - ss. 10 and 24 to 29.Art.47- Duty of State to improve public health- Banon liquor- Held: Art.47 places responsibility on every StateGovernment to at least contain if not curtail consumption ofalcohol - Impugned policy permitting only Five star hotelsin the State of Kerala to serve alcohol in their bars i.e. inpublic, therefore, is to be encouraged and not to be struckdown or discouraged by the courts.Administrative law:Judicial review- Intervention with State policy-Held:Courts must be loathe to venture into an evaluation of Statepolicy - It must be given a reasonable time to pan out. |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2015 INSC 949 |
Petitioner | The Kerala Bar Hotels Association &anr. |
Respondent | State Of Kerala & Ors. |
SCR | [2015] 11 S.C.R. 256 |
Judgement Date | 2015-12-29 |
Case Number | 4157 |
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