Karnataka High Court Upholds Ban On Hookah

Karnataka High Court Upholds Ban On Hookah 23 Apr 2024

Context

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

Relevance For Prelims: Indian Constitution, Supreme Court, Fundamental Rights (Article 12-35), Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA).

Relevance For Mains: Issues related to smoking

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.

Enroll now for UPSC Online Course

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.

Also Read: Urgent Need To Control Use Of E-Cigarettes

 

Mains Question: Directive Principles of State Policy (DPSPs), though not enforceable in court, play a crucial role in shaping and interpreting fundamental rights. Discuss with reference to the recent Karnataka High Court judgment on hookah bars. (15 M, 250 Words)

 

Must Read
NCERT Notes For UPSC UPSC Daily Current Affairs
UPSC Blogs UPSC Daily Editorials
Daily Current Affairs Quiz Daily Main Answer Writing
UPSC Mains Previous Year Papers UPSC Test Series 2024

 

Archive Calendar

Mon Tue Wed Thu Fri Sat Sun
 123
45678910
11121314151617
18192021222324
25262728293031

Need help preparing for UPSC or State PSCs?

Connect with our experts to get free counselling & start preparing

Know about Physics Wallah

Physics Wallah is an Indian online education platform, that provides accessible & comprehensive learning experiences to students of classes 6 to 12 and those preparing for JEE and NEET exams. We also provide extensive NCERT solutions, sample papers, NEET, JEE Mains, BITSAT previous year papers, which makes us a one-stop solution for all resources. Physics Wallah also caters to over 3.5 million registered students and over 78 lakh+ Youtube subscribers with 4.8 rating on its app.

We Stand Out because

We successfully provide students with intensive courses by India's qualified & experienced faculties. PW strives to make the learning experience comprehensive and accessible for students of all sections of society. We believe in empowering every single student who couldn't dream of a good career in engineering and medical field earlier.

Our Key Focus Areas

Physics Wallah’s main focus is to create accessible learning experiences for students all over India. With courses like Lakshya, Udaan, Arjuna & many others, we have been able to provide a ready solution for lakhs of aspirants. From providing Chemistry, Maths, Physics formulae to giving e-books of eminent authors, PW aims to provide reliable solutions for student prep.

What Makes Us Different

Physics Wallah strives to develop a comprehensive pedagogical structure for students, where they get a state-of-the-art learning experience with study material and resources. Apart from catering students preparing for JEE Mains and NEET, PW also provides study material for each state board like Uttar Pradesh, Bihar, and others.

Aiming for UPSC?

Download Our App

      
Quick Revise Now !
AVAILABLE FOR DOWNLOAD SOON
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

<div class="new-fform">






    </div>

    Subscribe our Newsletter
    Sign up now for our exclusive newsletter and be the first to know about our latest Initiatives, Quality Content, and much more.
    *Promise! We won't spam you.
    Yes! I want to Subscribe.