Saudi Arabia’s 2026 Alcohol Ban Lift for World Cup : Could India Impose a Alcohol Ban as per the Constitution

Introduction

In a dramatic turn in policy, Saudi Arabia has declared that it intends to partly abolish its alcohol prohibition, which has been in place for 73 years, by the year 2026. The purpose of this action is to bring the image of the monarchy into the current era and to entice visitors from all over the world in advance of significant international events such as Expo 2030 and the FIFA World Cup 2034.

In locations that are classified as tourist destinations, such as expensive hotels and resorts, alcoholic beverages will be approved for consumption; nevertheless, they will continue to be forbidden in public areas and for the general people.

A conversation on India’s attitude on the ban of alcohol is made possible as a result of this new development. To be more specific, it raises the issue of whether or not India’s Constitution would allow for the prohibition of alcohol over the whole country.

With the purpose of gaining a better understanding of this topic, we investigate the constitutional provisions, namely Article 47, and investigate the practicability and repercussions of such a restriction within the context of India.

In accordance with the Directive Principle on Prohibition, Article 47

In accordance with the Directive Principles of State Policy, Article 47 of the Indian Constitution stipulates that the state is obligated to make every effort to prevent the use of intoxicating beverages and pharmaceuticals that are harmful to one’s health, with the exception of situations when they are used for therapeutic reasons.

This article indicates the intention of the founders to discourage drug addiction in order to enhance public health and social welfare hence promoting public health.

On the other hand, it is essential to keep in mind that Directive Principles are not justiciable, which means that the courts do not have the authority to enforce them. They allow the state to formulate policies and regulations that are aimed at producing a society that is just by serving as guides for the state.

It is the responsibility of the state to regulate alcohol.

The control of alcoholic beverages in India corresponds to the State List, which is included in the Seventh Schedule of the Constitution. This indicates that individual states have the ability to enact laws for issues concerning the production, manufacturing, possession, transportation, purchase, and sale of alcoholic beverages.

Therefore, the rules on alcohol differ from state to state, with some states enforcing prohibitions and others allowing for the sale and use of alcohol under certain conditions.

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The following are examples of prohibitions in Indian states:

A number of Indian states have, at various periods and with differing degrees of effectiveness, instituted prohibitions on the use of alcoholic beverages.

The state of Gujarat has observed a policy of prohibition ever since the state was established in the year 1960. The state has enacted stringent rules that prohibit the drinking of alcohol, and those who violate these restrictions face harsh penalties.

In spite of this, the illicit trade in alcoholic beverages continues, which results in instances such as the alcohol poisoning that occurred in 2009 and claimed the lives of more than one hundred people.

A comprehensive ban on alcohol was implemented in the state of Bihar in 2016, with the state noting social advantages such as a reduction in domestic violence and an improvement in public health. Despite this, the state has been confronted with a number of issues, such as the proliferation of illegal liquor markets and the associated health risks.

A devastating illustration of this is the hooch disaster that occurred in the Saran area in 2022. More than seventy persons lost their lives as a result of drinking fake liquor.

There are also other states that have implemented prohibitions, such as Mizoram and Nagaland. However, states like as Andhra Pradesh and Haryana have reversed their bans after encountering difficulty in enforcing them and taking economic factors into account.

Confrontations with the Constitution and the Law

Despite the fact that Article 47 explicitly advocates prohibition, the fact that it is not enforceable means that the courts are unable to compel the state to execute a ban. On the grounds that it was “illegal and unconstitutional,” the Patna High Court invalidated the prohibition statute that had been in place in Bihar in 2016.

In its decision, the court brought attention to concerns concerning basic rights and the difficulties that are associated with their enforcement.This is the Indian Kanoon.

Following a similar pattern, the Madras High Court rejected a petition for complete ban in the state of Tamil Nadu. The court said that Article 47 is not a right that can be enforced and emphasized the need of policymaking that is well-balanced.

Considerations Regarding the Economy and Society

In several Indian states, the taxation of alcoholic beverages is a considerable source of income. Prohibition may result in significant financial losses, which might have an impact on the resources available for public services. Furthermore, prohibitions often result in the establishment of illicit liquor markets, which pose a threat to public health owing to the absence of regulations governing the manufacturing and use of alcoholic beverages.

The success of prohibition is a topic of controversy, despite the fact that its social purpose is to lessen the damage caused by alcohol. Concerning the promotion of responsible consumption and the resolution of difficulties related to drug misuse, there are others who claim that education and regulation may be more beneficial.

The Finalization

Under the guidance of Article 47’s command to promote public health, the constitutional framework of India permits individual states to go ahead and enact alcohol prohibition. On the other hand, the fact that this article is not enforceable, in addition to the fact that there are economic, legal, and societal problems, makes national ban difficult to implement.

Considering the possible advantages, states are required to evaluate them against the practical problems of enforcement, the economic ramifications, and the unforeseen effects, such as the illegal trade in alcoholic beverages.

As India witnesses worldwide movements such as Saudi Arabia’s partial removal of its alcohol prohibition, it highlights the significance of nuanced, context-specific policies that strike a compromise between the goals of public health and the reality of everyday life.