Karnataka High Court Upholds Ban On Hookah

Context

Recently, the Karnataka High Court upheld the state government’s ban on hookahs as being in the interest of the general public. 

Article 47 and Article 19(1)(g) of the Indian Constitution

• Constitutional Duty:  The government argued that Article 47 of the Constitution places a duty on the State to “raise the level of nutrition and the standard of living and to improve public health.
  • Which includes the “prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health”.
• Directive Principle of State Policy: Article 47, along with the rest of the provisions in Part IV of the Constitution, is a “directive principle of state policy”.
• Not Enforceable: According to the Constitution, directive principles are not “enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws”.
• Link to Right to Life with Dignity: The High Court  held that Article 47 was intrinsically linked with the right to life with dignity under Article 21.

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Constitutional Challenge

• Legal Argument: The petitioners argued that the government’s notification violates the fundamental right to “practice any profession, or to carry on any occupation, trade or business” guaranteed by Article 19(1)(g). 
• Freedom Subject to Restrictions: However, the court held that this freedom can be subject to certain reasonable restrictions including the prohibition of certain occupations, trades and businesses, if it is “in the general interest of the public”.
• Justification via Directive Principles: The court also held that a directive principle such as Article 47 can be used to justify a restriction on citizens’ rights under Article 19(1)(g).

Conclusion

Ultimately, the judgment reflects the delicate balance between individual liberties and the state’s obligation to safeguard public welfare, underscoring the importance of constitutional principles in guiding legal decisions.

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