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march 1990

Supreme Court of India · 1990-03-19

B. KRISHNA BHAT vs UNION OF INDIA AND ORS.

Citation / case number
SC 1990/77009
Court
Supreme Court of India
Petitioner
B. KRISHNA BHAT
Respondent
UNION OF INDIA AND ORS.
Author
SABYASACHI () MUKHARJI
Bench
SABYASACHI (CJ) MUKHARJI

Judgment text excerpt

The Supreme Court dismissed a writ petition challenging the constitutional validity of Clause (b) of sub-rule (11) of Rule 3 of the Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968, which mandates that distributor licenses be issued only to companies owned or controlled by the State. The Court held that there was no violation of fundamental rights as Article 47, which pertains to the policy of prohibition, is a Directive Principle of State Policy and not enforceable by courts under Article 32. The Court emphasized that the enforcement of such policies is a matter of legislative discretion and not subject to judicial intervention.

B. KRISHNA BHAT vs UNION OF INDIA AND ORS. · Niyam