Timeline of Cases on Doctrine of Severability:
State of Bombay v. FN Balsara
The Bombay Prohibition Act of 1949’s scope and whether alcohol-infused medications and toiletries fall under its purview, as well as whether their sale, distribution, and manufacture should be outlawed, were the primary issues in this case. The true goal and nature of the aforementioned legislation were ascertained in this instance using the Doctrine of Pith and Substance. The petitioner argued that the aforementioned Act should be deemed void because it violated Article 19(1)(g). The Supreme Court did not declare the aforementioned Act unconstitutional as a whole; rather, the portions that did not comply with Article 19(1)(g) that dealt with the sale, distribution, and manufacture of alcohol-infused medications and toiletries were repealed.
State of Kerala v. Kerala Bar Hotels Association (2015)
The Akbari Policy of 2014–15, which allowed certain heritage hotels and other five-star and four-star hotels to solely sell alcohol in the state of Kerala, was the main focus of this lawsuit. Scholars criticised the decision made in this case, which upheld the State Government’s decision to exempt some classes of hotels from compliance with the prohibition, for failing to address the objection raised against the exemption, which claimed that it violated the right to equality under Article 14 of the Indian Constitution. But by restricting its access to a specific type of hotels and halting its general availability, the judgement aimed to eradicate the societal ill of alcohol addiction.
Anoop M.S. v. State of Kerala (2017)
In this case, the division bench relied on the ruling in Kerala Bar Hotels Association v. the State of Kerala to uphold the government’s decision to forbid alcohol in the Supreme Court (2015). The decision was made that there is no privacy breach when alcohol consumption is prohibited and regulated. The court remarked that Article 47 of the Constitution gives state governments the authority and requires that they should try to ban and limit alcohol consumption, if not completely outlaw it. The right to privacy was further established to take precedence over all other fundamental rights when the common good of society and directive principles conflict.
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