When well intentioned but poorly thought out directive is issued, there is usually a requirement for retrospective amendments. The highway liquor ban is one such legislative directive that impacted the livelihoods of many and called into question the jurisdiction of the Hon’ble Supreme Court in the matter; given the federal structure of our country.
The Supreme Court, in its appellate capacity, ruled in the case of State of Tamil Nadu Rep. By Its Secretary Home, Prohibition & Excise Dept & Ors v. K. Balu. By an order dated 31 March 2017, the sale and service of liquor at all shops, bars and hotels located 500 metres or less from state or national highways was banned.
The statistics of drunk driving resulting in accidents on Indian highways is quite alarming. The ban was meant to lower incidents of truck drivers and other automobiles getting into accidents because of easy access to liquor along the roads. an estimated 70% of road accident deaths are caused by drunken driving. “Twenty-four hour availability of alcohol along national and state highways results in impulsive buying of alcohol and about 72 percent road accidents on highways,” says the Community Against Drunk Driving. The order was issued in the matter of a public interest litigation.
The ban was criticized as being a case of judicial overreach and a curb upon the personal freedoms of people as well as for practical problems it would create. The job loss issue was the first problem pointed out; according to some estimates about 10 lakh people would be affected. The loss of revenue to the exchequer (about Rs 65,000 according to reports) is another issue. Plus the continuing instances of drunk driving in places like Gujarat and Bihar, which have prohibition also seemed to point at the limited utility of such a ban.
While most states welcomed the Supreme Court directive, the Punjab Legislative Assembly made an amendment to the state excise act to permit restaurants, clubs and hotels to continue to serve liquor while shops would be barred from selling it.
Punjab also denotified highways running through towns and cities and reclassified them as municipal or district roads to permit exemption from the Supreme Court directive. A Kerala restaurant association also appealed to the SC to be exempt from the order until the rehabilitation of people who would be affected by the liquor ban.
According to the United Forum of Anti-liquor Organisations, the denotification was a circumvention of the Supreme Court order, however the division bench of Chief Justice J S Khehar and Justice D Y Chandrachud were inclined to grant relief the shops, bars and restaurants. They remarked that highways within city limited could be regarded as city or district roads. However since this was an oral observation, many are still in wait and watch mode.
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