The State Of Bombay And Another vs F.N. Balsara on 25 May, 1951
Article 13(2)
(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
Article 13(2) is an injunction to the ‘state’ not to pass any law which takes away or abridges the fundamental rights conferred by Part III
The State Of Bombay And Another vs F.N. Balsara on 25 May, 1951
Facts:
validity of certain specific provisions of the Bombay Prohibition Act, 1949 (Bombay Act No. XXV of 1949), as well as of the Act as whole was challenged.
for the issue of a writ of manda- mus ordering them (1) to allow him to exercise his right to possess, consume and use certain articles, namely, whisky, brandy, wine, beer, medicated wine, eau-de-cologne, etc.
The State Of Bombay And Another vs F.N. Balsara on 25 May, 1951
Facts:
12. No person shall(a) manufacture liquor
(b) construct or work any distillery or brewery, (c) import, export, transport or possess liquor; or
(d) sell or buy liquor.
Manufacture, Trade, Transport, and Possession of liquor within the state.
The State Of Bombay And Another vs F.N. Balsara on 25 May, 1951
Question:
Bombay Prohibition Act (XXV of 1949)--Constitutional validity ? (Applicability of Act to foreign liquors & To
medicinal and toilet preparations containing alcohol)
Articles 19(1)(d) (right to move freely throughout the territory of India) and 19(1)(g) (right to practice any profession, or to carry on any occupation, trade or business)
The State Of Bombay And Another vs F.N. Balsara on 25 May, 1951
Judgement:
Pith & Substance principle
state government had the authority to regulate and prohibit the sale and consumption of alcohol within its territory
Some of the provisions were held invalid so far as it affects the possession of liquid medicinal and toilet preparations containing alcohol.
rest of the provisions of the Act were held valid.
Interesting Facts:
In the states of Bihar, Gujarat, Mizoram, and Nagaland-Alcohol prohibition in India. (Dry States)
The directive principles of state policy (DPSP) in the constitution of India (Article 47) state that "....the State shall endeavor to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health"
Interesting Facts:
Gujarat is the only Indian state with a death penalty for the manufacture and sale of homemade liquor that results in fatalities.