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SUPREME COURT OF INDIA
T.S. THAKUR, CJI., D.Y. CHANDRACHUD, L. NAGESWARA RAO, JJ.
The State of Tamilnadu Rep. by its Secretary Home, Prohobition & Excise Dept. & Ors. – Appellants
Versus
K. Balu & Anr. – Respondents
Civil Appeal Nos. 12164-12166, 12167, 12168, 12169, 12173 of 2016 [Arising out of SLP (C) Nos. 14911-14913 of 2013; 8267, 8971, 35454 of 2014; 34525 of 2015] with Civil Appeal No. 12170 of 2016 [S.L.P.(C) No. 36787 of 2016 @ of CC No. 231 of 2015]; Civil Appeal Nos. 12171-12172 of 2016 [S.L.P.(C) Nos. 36788-36789 of 2016 @ of CC Nos. 18587-18588 of 2015] And T.P.(C) No.739-741 of 2016
Decided On : 15-12-2016
(b) Drunken driving – Liquor vends along the high ways – No fundamental right to trade in liquor under Article 19(1)(g) – Liquor has been regarded as res extra commercium. (Para 12)
(2013) 2 SCC 565; (1972) 2 SCC 442; (1975) 1 SCC 29; (1975) 1 SCC 737; (2002) 7 SCC 104; (2004) 11 SCC 26; (2013) 6 SCC 573 – Relied upon
(c) Constitution of India – Seventh Schedule, List II, Entry 51 r/w Article 47 – Power of State to issue liquor licence unquestionable – Liqour sale fetches good revenue to State – However, liquor licences should not be granted on national and state highways at the cost of endangering human lives and safety – Such prohibition regulating the grant of liquor licences would ensure that consumption of alcoholic liquor does not pose dangers to the lives and safety of the users of national and state highways. (Para 13, 14)
(d) Model Policy/taxation/act/rules for alcoholic beverages and alcohol – Model Policy providing for a minimum distance from the state/national highways for locating liquor shops – Any exception would violate Article 14 – Section 26A of the Punjab Excise Act, 1941. (Para 14, 15, 16)
(e) Drunken driving – Prohibition of liquor vends along High ways – No distinction can be made between national and state highways in regard to location of liquor shops – Restriction that the shop should not be accessible or visible from the national or state highways or from a service lane along such highways is necessary – Held, no licences for liquor shops should be allowed both on the national and state highways – Necessary safeguards must be introduced to ensure that liquor vends are not visible or directly accessible from the highway within a stipulated distance of 500 metres form the outer edge of the highway, or from a service lane along the highway – Directions issued. (Para 20, 21, 22, 24)
Facts of the case:
The issue which has to be addressed in this case is about the presence of liquor vends on national and state highways across the country. The backdrop to the case is provided by alarming statistics on the occurrence of road accidents. They have claimed human lives and caused debility and injury. Both on a personal scale (in terms of the injuries and loss of life) as well as in a social context, restitution in the form of mandatory awards of compensation can never undo the trauma of loss and the pain of suffering. The law can only imperfectly alleviate the consequences of road accidents.
Finding of the Court:
Directions of Madras High Court and Punjab and Haryana High Court are unexceptionable.
Result: Appeals disposed of.
JUDGMENT :
D.Y. Chandrachud, J.
Delay condoned.
Leave granted.
The issue which we address in this case is about the presence of liquor vends on national and state highways across the country. The backdrop to the case is provided by alarming statistics on the occurrence of road accidents. They have claimed human lives and caused debility and injury. Both on a personal scale (in terms of the injuries and loss of life) as well as in a social context, restitution in the form of mandatory awards of compensation can never undo the trauma of loss and the pain of suffering. The law can only imperfectly alleviate the consequences of road accidents. In terms of personal suffering caused to individuals and families as well as in terms of deprivation caused to society of its productive social capital, road accidents impose unacceptable costs. We will analyse the issues which have been raised in this case on the basis of facts which are not in dispute and on the foundation of policy statements of the Union government which have been formulated after careful consideration. In doing that, the court must ensure that the parameters for the exercise of its jurisdiction are confined to the familiar terrain of enforcing the constitutional right to lead a life of dignity and self-worth.
2. The Union and the State Lists of the Seventh Schedule to the Constitution distribute (in conjunction with Articles 245 and 246) legislative jurisdiction over the highways which traverse the length and breadth of India, between Parliament and the State Legislatures. The constitutional pattern in relation to the distribution of legislative heads is replicated in this area : what is national is reserved to Parliament while that which has a state-centric orientation is reserved to the state legislatures. Entry 23 of the Union List is thus :-
“23. Highways declared by or under law made by Parliament to be national highways”.
Entry 13 of the State List is thus :
“13. Communications, that is to say, roads, bridges, ferries, and other means of communication not specified in List I; municipal tramways; ropeways; inland waterways and traffic thereon subject to the provisions of List I and List III with regard to such waterways; vehicles other than mechanically propelled vehicles.”
3. The Union Ministry of Road Transport and Highways in its Transport Research Wing has brought out a publication titled “Road Accidents in India 2015”. The cover depicts in rather graphic terms vehicles involved in car crashes. There is a large group of persons assembled in the foreground, an ambulance bearing the ‘108’ logo and a police car. Familiar sights on Indian roads. The publication tells us that :
“11.1 During 2015, within the category of drivers’ fault, accidents caused and persons killed due to ‘Exceeding lawful speed’, accounted for a high share of 62.2 per cent (2,40,463 out of 3,86,481 accidents) and 61.0 per cent (64,633 out of 1,06,021 deaths), respectively.
However taking into account the total road accidents and total road accident killings, the share of over speeding comes to 47.9 per cent (2,40,463 out of 5,01,423 accidents) and 44.2 per cent (64,633 out of 1,46,133 deaths) respectively.
11.2 Intake of alcohol/drugs by drivers resulted in 16,298 road accidents and 6,755 fatalities in 2015 within the category of drivers’ fault, intake of alcohol/drugs accounted for 4.2 per cent and 6.4 per cent respectively.
However taking into account the total road accidents and total road accident killing, the share of intake of alcohol/drugs comes to 3.3 per cent (16,298 out of 5,01,423 accidents) and 4.6 per cent (6,755 out of 1,46,133 deaths) respectively.”
4. The total number of persons killed in road accidents on national highways was 48,768 in 2012 and 51,204 in 2015. In 2014, on the national highways there were 1.24 lakh accident cases resulting in 1.35 lakh persons injured and 46,110 deaths. During the same year, on state highways, there were 1.13 lakh accident cases resulting in 1.24 lakh injur
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