B. KRISHNA BHAT versus UNION OF INDIA AND ORS.

B. KRISHNA BHAT versus UNION OF INDIA AND ORS.

There was no violation of any enforceable fundamental right; Directive Principles under Article 47 cannot be enforced through Article 32, and policy matters are not justiciable under writ jurisdiction.

Parties
Petitioner: B. Krishna Bhat; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
19 March 1990
Procedural Posture
Writ Petition (civil) / Final Disposition
Outcome
Petition dismissed
Legal Topics
Directive Principles of State Policy, Prohibition, Monopoly in Liquor Distribution
Constitutional Law Directive Principles of State Policy Prohibition Monopoly in Liquor Distribution

Case Brief

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Parties

B. Krishna Bhat

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition (civil) / Final Disposition

Legal Issues

  1. 1 Whether writ petition under Article 32 for enforcing policy of prohibition is maintainable
  2. 2 Whether Rule 3(11)(b) of Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968, as amended by the 1989 Amendment, is constitutionally valid

Ratio Decidendi

There was no violation of any enforceable fundamental right; Directive Principles under Article 47 cannot be enforced through Article 32, and policy matters are not justiciable under writ jurisdiction.

Court Disposition

Petition dismissed

Orders

  • Application declined and dismissed