BAN OF LIQUOR SALE IN INDIAN HIGHWAYS: NEED OF THE HOUR

  • Unique Paper ID: 195602
  • Volume: 12
  • Issue: 11
  • PageNo: 800-803
  • Abstract:
  • The debate surrounding the ban on liquor sales along Indian highways raises critical questions at the intersection of constitutional rights, public safety, and economic interests. This paper examines the legal and practical justifications for such a ban, focusing on its impact on road safety and its constitutional validity under Articles 19(1)(g) and 21 of the Constitution of India. While the sale of liquor constitutes a legitimate economic activity protected under the freedom of trade and business, it is not absolute and is subject to reasonable restrictions in the interest of the general public. The study highlights the direct correlation between the availability of liquor on highways and the increasing incidence of road accidents caused by drunk driving. Judicial interventions, particularly the Supreme Court’s directive restricting liquor outlets near highways, demonstrate a policy shift prioritizing the right to life and public safety over unrestricted commercial freedom. The analysis further explores how courts have consistently upheld restrictions on harmful trades when they pose a threat to societal welfare, emphasizing the principle that public health and safety must prevail over economic considerations. At the same time, the paper addresses concerns regarding employment and revenue loss, arguing that the policy adopts a proportionate approach by allowing relocation of liquor outlets rather than imposing a total prohibition. This ensures a balance between individual economic rights and collective safety. The paper concludes that the ban on liquor sales along highways is a constitutionally valid and socially necessary measure. It reflects a broader shift in Indian jurisprudence toward prioritizing welfare and precautionary principles, thereby reinforcing the state’s duty to protect life and public safety while maintaining a balanced regulatory framework.

Copyright & License

Copyright © 2026 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

BibTeX

@article{195602,
        author = {Abhinav Viswanath},
        title = {BAN OF LIQUOR SALE IN INDIAN HIGHWAYS: NEED OF THE HOUR},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {12},
        number = {11},
        pages = {800-803},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=195602},
        abstract = {The debate surrounding the ban on liquor sales along Indian highways raises critical questions at the intersection of constitutional rights, public safety, and economic interests. This paper examines the legal and practical justifications for such a ban, focusing on its impact on road safety and its constitutional validity under Articles 19(1)(g) and 21 of the Constitution of India. While the sale of liquor constitutes a legitimate economic activity protected under the freedom of trade and business, it is not absolute and is subject to reasonable restrictions in the interest of the general public. The study highlights the direct correlation between the availability of liquor on highways and the increasing incidence of road accidents caused by drunk driving. Judicial interventions, particularly the Supreme Court’s directive restricting liquor outlets near highways, demonstrate a policy shift prioritizing the right to life and public safety over unrestricted commercial freedom. The analysis further explores how courts have consistently upheld restrictions on harmful trades when they pose a threat to societal welfare, emphasizing the principle that public health and safety must prevail over economic considerations. At the same time, the paper addresses concerns regarding employment and revenue loss, arguing that the policy adopts a proportionate approach by allowing relocation of liquor outlets rather than imposing a total prohibition. This ensures a balance between individual economic rights and collective safety. The paper concludes that the ban on liquor sales along highways is a constitutionally valid and socially necessary measure. It reflects a broader shift in Indian jurisprudence toward prioritizing welfare and precautionary principles, thereby reinforcing the state’s duty to protect life and public safety while maintaining a balanced regulatory framework.},
        keywords = {Liquor Ban, Road Safety, Article 21, Reasonable Restrictions, Public Welfare},
        month = {April},
        }

Cite This Article

Viswanath, A. (2026). BAN OF LIQUOR SALE IN INDIAN HIGHWAYS: NEED OF THE HOUR. International Journal of Innovative Research in Technology (IJIRT), 12(11), 800–803.

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