write a note on alcohol prohibition movement
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Alcohol prohibition in India is in force in the states of Bihar, Gujarat, and Nagaland as well as in the Union Territory of Lakshadweep.[1] All other Indian states and union territories permit the sale of alcohol.
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".[2] The Directive Principles are not-justiciable rights of the people but fundamental in the governance of the country. It shall be the duty of the State to apply these principles in making policy laws per Article 37. Per Article 38, state and union governments, as duty, shall make further detailed policies and laws for implementation considering DPSPs as fundamental policy. In contrary to Article 37, many policies have been implemented by states and union governmens which go against the DPSPs such as using intoxicating drinks as source of major tax revenue instead of implementing prohibition for better health of people. When the union government feels that alcohol prohibition is no longer useful to the nation, it shall be deleted from DPSPs by bringing a constitutional amendment to remove ambiguity in policy making / direction. Judiciary can repeal any policy/law devised by the government which is diametrically opposite to any DPSP. An existing policy in line with DPSP can not be reversed, however it can be expanded further in line with DPSP. The policy changes applicable under DPSP shall not be reversible unless the applicable DPSP is deleted by constitutional amendment. Many states imposed prohibition of alcohol and later prohibition lifted to collect more revenue/taxes by the states.[3] Lifting / relaxing prohibition of alcohol is unconstitutional which is reversing the earlier implemented policy as per Article 37 as long as alcohol prohibition is part of DPSP.