·The Hindu·15 marks·250–350 wordsPolityS&T

Analyse the constitutional and federal dimensions of alcohol prohibition policy in India, referring to Article 47 and the State List.

In this answer
  1. Constitutional dimension: an aspiration, not a mandate
  2. Federal dimension: States as sole policy-makers

Article 47 directs the State to "endeavour to bring about prohibition" of intoxicating drinks except for medicinal purposes, while Entry 8 of the State List vests liquor policy exclusively in the States [1]. Prohibition is therefore a constitutionally encouraged but federally fragmented policy — and, as the Supreme Court held in Balaji Formalin Pvt Ltd v. Union of India (2026), one whose chosen instrument has failed even where its goal is legitimate [2].

Constitutional dimension: an aspiration, not a mandate

  • Article 47 is a Directive Principle, non-justiciable under Article 37; the word "endeavour" creates neither a right to prohibition nor a duty to legislate [1].
  • The medicinal exception is written into Article 47 itself, so regulating industrial spirits is constitutionally distinct from banning consumption [1].
  • Judicial review of subordinate legislation: the Court struck down Rules 18A and 18B of the Maharashtra Poisons Rules, 1972 — denaturant and colourant safeguards on methanol — as regulation on paper [2].
  • Its criticism of prohibition was obiter dicta; the Bombay Prohibition Act, 1949 survives untouched [2].

Federal dimension: States as sole policy-makers

  • Entry 8, List II covers production, possession, transport, purchase and sale of liquor — hence Gujarat dry since 1960, Bihar since 2016, Maharashtra regulated. Yet Gujarat saw 10+ major hooch tragedies and 600+ deaths [2].
  • Fiscal federalism: alcohol lies outside GST, making excise a principal own-tax revenue; the Court listed revenue loss first among prohibition's five "evils" [2].
  • Federal externality: a dry State's ban is defeated by supply from wet neighbours, prompting the Court's call for interstate border surveillance [2].
  • Institutional cost: Bihar's ban generated 40,000–50,000 FIRs annually (2018–20) and pending trials near 1,14,000, forcing the 2022 amendment to permit fines and compounding [3].

Constitutionally, prohibition is an aspiration; federally, it is a State choice with spillover costs. Article 47's real object — public health — is better served by regulation than criminalisation: WHO's SAFER "best buy" of higher excise, a minimum unit price and tax stamps curbs harm while retaining revenue [4]. Coupled with inter-State coordination on illicit supply, this fulfils the Directive Principle's spirit without repeating its instrument's failure.

Sources

  1. 1The Constitution of India (Legislative Department, Government of India)Article 47 as a non-justiciable Directive Principle with a medicinal exception; Seventh Schedule, List II, Entry 8 on intoxicating liquors
  2. 2*Balaji Formalin Pvt Ltd v. Union of India*, 2026 INSC 1009 (Supreme Court of India, 18 September 2026) — striking down of Rules 18A and 18B, Maharashtra Poisons Rules, 1972; Gujarat's 10+ hooch tragedies and 600+ deaths; the five "evils" of prohibition; directions on interstate surveillance *(official text not reachable online at the time of writing)*
  3. 3The Bihar Prohibition and Excise (Amendment) Bill, 2022 — PRS Legislative Research40,000–50,000 FIRs a year (2018–20), pending trials near 1,14,000, fines for first offences and compoundable offences
  4. 4SAFER — Pricing policies on alcohol, World Health Organizationexcise increases, minimum unit price and tax stamps as cost-effective "best buy" measures
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