While keeping Supreme Court’s 2015 judgement on Kerala’s liquor policy, critically discuss judiciary’s role in balancing individual rights with the state’s responsibility to safeguard public welfare.

The 2015 Supreme Court judgement regarding Kerala’s liquor policy marks the delicate balance between individual rights and state interests. The judgement primarily revolved around the interpretation of Articles 14 and 19(1)(g) of the Constitution of India. 1. Article 14
Right to Equality – This article mandates that the state must not deny any person equality before the law or equal protection of the laws. The hotel owners argued that the liquor policy, which permitted only five-star hotels to sell liquor, created an unreasonable classification, thus violating their right to equality. However, the Supreme Court upheld the state’s policy, asserting that reasonable classification is permissible if it serves a legitimate state interest. 2. Article 19(1)(g)
Freedom of Trade – This article grants individuals the freedom to carry on any occupation, trade, or business. The hotel owners contended that the policy restricted their ability to engage in their chosen profession. The Supreme Court clarified that while this freedom is fundamental, it is not absolute and can be subjected to reasonable restrictions in the interest of public health and welfare. 3. Public Health Considerations – The court referenced Article 47, which urges the state to promote public health, including measures for liquor prohibition. This signifies that the state can impose restrictions on trade if it aligns with public health objectives. Thus, the judgement reflects the judiciary’s role in balancing individual rights with the state’s responsibility to safeguard public welfare. The decision puts stress on that while rights are fundamental, they must also be viewed within the context of broader societal interests. This case illustrates the ongoing tension between personal freedoms and state regulation, a theme prevalent in many contemporary legal discussions.