INADEQUACY OF POLICY IN STATE OF TAMIL NADU V. K BALU: A LEGAL ANALYSIS

Abstract

‘Prevention is better than cure’, this is the ideology taken into consideration by the Supreme Court while giving the judgment on the Liquor Ban on Highways in India.  The case of State of Tamil Nadu and Ors. v K. Balu and Anr. brings to light the increasing number of road accidents concentrated around highways brought about by the influence of liquor. Various reports given by the Ministry of Road Transport and Highways provide statistics for such accidents. In status quo, the judgment in this case is being upheld and a conditional ban has been imposed on the sale of liquor within a 500-metre radius from State and National highways since April 2017. This ban, however, does not extend to bars and outlets on Highways within Municipal Areas. This exemption brings forth lacunae in the law as it defeats the sole purpose of the imposition of the ban as easy availability of liquor at regular intervals in such areas allows the possibility to restock. This only imposes an added cost on the State with not much benefit. Through this paper the authors seek to analyze the judgment in lieu of the December, 2016 judgment in this case. The authors seek to determine the economic, social and legal implications of this judgement on various classes of the society. The paper also dwells into the aspect of Judicial Overreach by the Supreme Court with respect to Article 19(1)(g) of  the Constitution of India. The paper therefore aims to provide a solution to these complications faced in the absolute implementation of the Ban on liquor on Highways.