Read Current Affairs
General Studies Paper – II: Governance, Constitution, Polity, Social Justice, and International Relations
General Studies Paper – IV: Ethics, Integrity, and Aptitude
Introduction
The stay granted by the Supreme Court in January 2026 on the Rajasthan High Court's order, which directed the removal of 1,102 liquor shops within 500 metres of highways, has brought back to the center stage the old dilemma between 'Public Safety' and the 'Economic Realism of the State' in India. This case is not only an example of judicial activism but also underlines the practical limitations of the executive and policy complexities.
Historical and Legal Perspective
The constitutional and judicial framework regarding the regulation of alcohol in India has always leaned toward 'Public Welfare':
- Constitutional Mandate (Article 47): Under the Directive Principles of State Policy (DPSP), it is the duty of the State to endeavor to bring about prohibition of the consumption of intoxicating drinks and of drugs which are injurious to health, for the improvement of public health.
- Judicial Precedent (The State of Tamil Nadu v. K. Balu, 2016): The Supreme Court had imposed a ban on the sale of liquor within 500 metres along highways to reduce the mortality rate caused by 'Drunk Driving'. However, in the 2017 clarification, an exemption was provided to municipal areas, which is the main center of the current dispute.
- Right to Trade: The Court has clarified several times that trading in liquor is not a fundamental right but a privilege granted by the State.
Multidimensional Socio-Economic Analysis
- Social and Ethical Dimensions
- Domestic Violence and Women’s Safety: NFHS-5 data confirms that alcohol consumption is directly linked to domestic violence and gender-based crimes. It destroys the economic security of families and adversely affects the nutrition and education of children.
- Ethical Dilemma: For a 'Welfare State', it is a debatable ethical question whether it should earn revenue from the addiction of its citizens. Gandhian philosophy supports total prohibition, while the modern liberal perspective emphasizes 'Individual Liberty' (Article 21) and 'Responsible Consumption'.
- Economic Realism and Revenue
- Inevitability of Revenue: Alcohol is outside the ambit of GST, due to which it remains the largest source of income (15-25%) for states through 'State Excise Duty'.
- Practical Hurdles: In states like Rajasthan, where urban planning is parallel to highways, a 500-metre restriction can turn entire commercial areas into 'Dry Zones', which adversely affects tourism and employment.
Criminology and Safety-Related Facts
- NCRB and Road Safety: The proportion of 'Drunk Driving' in deaths occurring in road accidents in India may appear statistically low (2-3%), but the fatality rate of these accidents is 40% higher than other causes.
- Failure of Enforcement (Indian Ingenuity): Despite the ban on direct advertisements, rules are bypassed through 'Symbolic Signs' (such as arrow marks) and 'Surrogate Advertising' (branding in the name of soda, water, etc.).
Review of Prohibitionist States
The experiences of states like Bihar, Gujarat, and Nagaland have been mixed:
- Success: Strengthening of the rural economy and an increase in social consciousness.
- Failure: Rise of 'Underground Economy', deaths from spurious liquor (Hooch), smuggling from bordering states, and an increase in administrative corruption.
Way Forward
There is a need for the Judiciary and the Executive to adopt a 'Middle Path':
- Revenue Diversification: States should reduce their financial dependence on alcohol and increase it on the service sector and other tax sources.
- Technical Intervention: Encouraging vehicles equipped with 'Alcohol Interlocks' on highways and digital monitoring.
- Behavioral Change: Developing prohibition as a social movement rather than just a law, where the role of de-addiction centers is prominent.
- Judicial Balance: Like the Rajasthan case, courts should listen to the practical problems of all stakeholders before issuing sweeping orders.
Conclusion
The issue of liquor stands at the intersection of economics, ethics, and public health. The current legal case of Rajasthan clarifies that the goal of 'Zero Accident' can be achieved not just by displacing shops, but through strict enforcement, responsible consumption, and restructuring the state's economic policies. When the idealism of the judiciary and the realism of the executive work in one direction, only then will the achievement of the actual goals of Article 47 be possible.