SC: Arrest & Remand Illegal if Grounds Not Given in Language Arrestee Understands  ||  SC: Judgment for Deceased Party is Null if Legal Heir was not Brought on Record Before Hearing  ||  SC: Hiding a Candidate’s Conviction Voids Election, Regardless of Whether it Influenced Results  ||  Delhi HC: Not Here to Monitor Delhi University, but Students Must Follow Law During Elections  ||  J&K&L HC: Paying Tax or GST Registration Doesn’t Legalize Unlicensed Business Activities  ||  Delhi HC: Victim’s Past or Character Cannot be Used to Suggest Consent in Assault Cases  ||  P&H HC: Constitution isn’t Privilege Charter; Reservation in Promotions Requires Statutory Amendment  ||  Kerala HC: Law Must be Amended to Hold Landowners Liable for Illegal Paddy Land Reclamation  ||  Bombay HC: Parents Saying Daughter was Unhappy, Wept Often not Enough to Convict under 498A IPC  ||  Kerala HC: Physiotherapists and Occupational Therapists Cannot Use “Dr.” Without Medical Degree    

The Kerala Bar Hotels Association & anr. v State of Kerala & ors. - (29 Dec 2015)

Supreme Court upholds Kerala’s selective alcohol restrictions

Civil

The Supreme Court batted away claims of discrimination between variously ‘starred’ hotels to dismiss a challenge against the Kerala government’s moves to restrict sale and consumption of alcohol. It agreed that Kerala’s three-pronged approach to controlling liquor manufacture, wholesale and retail supply, and now consumption, was predicated on the disproportionately high consumption of alcohol in the state. Further, nexus between the State’s restrictions on sale of alcohol at hotels, save five star hotels, was commensurate with its attempts to reduce alcohol consumption: prices of alcohol in five star hotels were “usually prohibitively high”, so much so, guests of five star hotels, unlike at other establishments, did not visit them for the sole purpose of consuming alcohol. Res extra commercium, it opined, was the position of alcohol for which it faced more stringent restrictions than other trades.

2.76 per cent of the nation’s population (based on Census 2011) but nearly 14 per cent of its alcohol consumption, the Supreme Court has cause to lament the ‘social malaise’ of alcohol addiction in Kerala. The State has long played bugbear to the alcohol-enthusiast, with sale of alcohol in government hands since 1984, no licenses for private manufacture of alcohol having been granted since 1999 and its endeavours since 2014 to curtail alcohol consumption. At the forefront have been the Abkari Act and Kerala Foreign Liquor Rules which the State relies on to implement its policies.

Relevant : State of Kerala and Anr. vs. B. Six Holiday Resorts (P) Ltd. and etc. MANU/SC/0173/2010 State of Kerala and Ors. vs. B. Surendra Das Etc. MANU/SC/0229/2014 Article 19 Constitution of India Act

Tags : KERALA   ALCOHOL BAN   FIVE STAR HOTELS  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved