AIR 2017 SUPREME COURT 1670 ::2017 (6) SCC 715 ::(2017) 4 Scale 187 ::(2017) 2 TAC 508 ::(2017) 2 CurCC 223 ::AIR 2017 SC (Civil) 1401 ::(2017) 2 Ker LT 179

Supreme Court Of India

Hon'ble Judge(s): Jagdish Singh Khehar, D. Y. Chandrachud, L. Nageswara Rao , JJJ

(A) Constitution of India , Art.19(1)(g), Art.50, Art.133, Art.142— Closure of liquor shops - Earlier Supreme Court's Order reported in AIR 2017 SC 262 - Based on consistent policy and advisories of Union Govt. to States to curb drunken driving and to prohibit sale of liquor along highways - Prescription of 500 metres from outer edge of National and State highways is in public interest - Does not amount to assumption of legislative functions by Court. State excise rules contain enabling provisions. They provide for a discretion for grant of liquor licences. No individual has a vested right to obtain a licence. There is no fundamental right to carry on business in liquor since as a matter of constitutional doctrine, Article 19(1)(g) does not extend to trade in liquor which is consistently regarded as res extra commercium. Where an excise rule which has been formulated by a State Government provides for maintenance of a specified distance from an institution or amenity, what this postulates is that no licence can be granted at all by State Government within that distance. The State has a discretion on whether a licence should be granted under its enabling powers. No individual can assert a right to the grant of a licence : trading in liquor is a privilege conferred by State. The directions which have been issued by Supreme Court do not breach any norm in natur....