Bihar Prohibition and Excise Bill, 2016 in the Light of Constitution

The basic structure doctrine is considered to be paramount in Indian polity. Under the basic structure doctrine there are certain basic features, of which fundamental rights are of utmost importance.

The Bihar Prohibition and Excise Bill, 2016 has some very strict and rigid implementations including arrest of all the members of the house if liquor is found in the house. Herein, even if any tenant is found consuming or storing alcohol then it is the owner of the house who will also be arrested. Further, these offenses would be considered as non-bailable.

Another very stringent provision of the bill is that if a mix of jaggery or grapes is found in any premises, then the authorities can assume that there is manufacturing of alcohol being taking place. Thereby, the authorities can confiscate all things available at the premises.

According to the provisions of the bill Family members and occupants are considered as offenders. For an illegal manufacture, possession or consumption of alcohol by a person, the Bill holds the following people criminally liable:

• Family members of the person, in the case of illegal possession of alcohol by the person.
• Owner and occupants of a land or a building, where such illegal acts are taking place.

Both these provisions are violating Article 14 and Article 21 of the Indian Constitution.  Article 14 of the Constitution provides equality before law.  This article protects an individual from any sort of arbitrary actions of the state. By imposing criminal liability on family members and owner or occupants of the building, the provisions are merely arbitrary in nature.

Also, this provision takes away Article 21 of the Constitution which guarantees right to life and personal liberty. By imposing criminal liability on those individuals who are in no way committing the wrong, the article 21 is snatched away. Senior Advocates have been stating that the prohibition is totally unconstitutional as the basic right creates an unnecessary restriction on the livelihood of an individual guaranteed under Article 21 of Constitution.