I.A. Ansari, J.

The present set of writ petitions has raised some questions of great public importance, in the realm of the Constitution of India, and the questions are: Whether the right to consume alcohol is a fundamental right and any infringement or intrusion into the said right, by means of legislation or otherwise, would amount to violation of the right to privacy and, therefore, constitutionally untenable?

2. The judgment of my esteemed brother, Navaniti Prasad Singh, J., which I have the benefit of very patiently, minutely and carefully reading and analyzing, answers the questions, posed above, in the affirmative. It is this answer, which I have, with great respect, not been able to persuade myself to agree to and I have, therefore, decided to pen down my concept and views on the said aspect of the constitutional law separately.

3. I may, however, hasten to add and clarify that except the questions, which I have posed above, I agree with the findings recorded, conclusions reached and the decisions, eventually, rendered by my learned brother on all the remaining issues, which have been framed.

4. In order to correctly appreciate how the question has arisen, as to whether