Does Supreme Court have the right to interpret the Indian constitution - and atleast remind the elected officials about what is written therein.
Umesh
Chan Mahanta <[EMAIL PROTECTED]> wrote:
Chan Mahanta <[EMAIL PROTECTED]> wrote:
While it is disturbing to see uncontrolled proliferation of alcohol
peddling and consumption in India, where does the SC derive its
mandate to ASK ( read order)
even in desi-demokrasy? Is the SC the SUPREME elected body of the country?
cm
Time has come for total prohibition: SC
[ Wednesday, May 03, 2006 06:20:31 pmIANS ]
NEW DELHI: The Supreme Court has asked the central and state
governments to take steps to achieve the goal of total prohibition of
liquor as enshrined in Article 47 of the constitution under the
Directive Principles of State Policy.
Expressing serious concern on the ill effects of liquor, a bench of
Justice S.B. Sinha and Justice P.K. Balasubramanyan said: "Article 47
of the constitution clearly casts a duty on the state at least to
reduce the consumption of liquor in the state, gradually leading to
prohibition itself."
The judges said: "It appears to be right to point out that the time
has come for the states and the union government to seriously think
of taking steps to achieve the goal set by Article 47 of the
constitution."
Writing the judgment, Justice Balasubramanyan said: "It is a
notorious fact, of which we can take judicial notice, that more and
more of the younger generation in this country is getting addicted to
liquor.
It has not only become a fashion to consume it but it has also
become an obsession with very many. Surely, we do not need an
indolent nation.
"Why the state in the face of Article 47 of the constitution should
encourage, that too practically unrestrictedly, the trade in liquor
is something that is difficult to appreciate," the bench asked.
"The only excuse for the state for not following the mandate of
Article 47 of the constitution is that huge revenue is generated by
this trade and such revenue is being used for meeting the financial
needs of the state.
What is more relevant here is to notice that the monopoly in the
trade is with the state and it is only a privilege that a licencee
has in the matter of manufacturing and vending liquor," the bench
noted.
The bench passed this order while disposing of an appeal filed by
the Maharashtra government against an interim order passed by the
Bombay High Court on the issue of payment of requisite fee by
distilleries under the Bombay Rectified Spirit (Transport in Bond)
Rules, 1951.
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Umesh Sharma
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1-202-215-4328 [Cell Phone]
Ed.M. - International Education Policy
Harvard Graduate School of Education,
Harvard University,
Class of 2005
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