- As you are aware, there are certain inviolable rights guaranteed under the sacrosanct Constitution of India that confers citizens to enjoy leading dignified lives. We also know that the task of correctly interpreting any laws, statutes, policies, rules, and regulations in line with the Constitution is the primary responsibility of the judiciary. No question on this front. And the country is proud to acknowledge the way the judiciary, right from the trial court to the Supreme Court, has upheld the tone and tenor of the Constitution in letter and spirit. However, the law enforcing agencies are found to be going overboard sometimes crossing the invisible line in their enthusiasm to corner the hapless citizens by imposing almost laughable and unlawful cases.
PC: Kautilya IAS
- One such incident was recently reported in the newspapers in a case of 2020 about Delhi’s excise department. This incident happened when the excise department raided the residence of the petitioner and began prosecution on the ground that he had stored more liquor, 132 bottles to be precise than legally permitted. It is to be noted with dismay that the case took two long years for the petitioner to get relief, an all-clear, from the High Court. We are acutely aware of how the judiciary is burdened with crores of cases and also lakhs of undertrials languishing in jails for want of speedy delivery of justice. Not surprising to see how the justice delivery system in the country functions amid a plethora of infructuous cases brought about by the agencies.
- Of course, the Delhi High Court verdict deserves a toast to be raised, the backstory is as Indian as in Indian Made Foreign Liquor (IMFL). Nonetheless, while the story is delightful, the larger context is serious. Make no mistake, the case embodies the terrible flaws in India’s governance. As can be seen, the state is overtly intrusive in areas it does not need and should not be present leading to deficient services elsewhere. On top of it, the intrusiveness is backed by a maze of laws that breed corruption to the core. Most states have convoluted excise laws designed to infantilize adults and encourage rent-seeking. For example, Maharashtra, till recently, allowed the wine to be sold only by outlets that met a threshold in terms of floor space. Can you believe it?
PC: Kamlesh Damodar Sutar
- Thankfully, the requirement was recently removed but permits remain mandatory for consuming anything other than mild beer. Madhya Pradesh’s recent excise liberalization translated into allowing people to store four crates of beer from the earlier limit of one. Mind you, liberalization of excise policies, a big money-spinner for the governments, merely means that limits will be adjusted. However, is there any need for the state to be inspecting liquor cabinets in homes? Absolutely not. Needless to mention, excise policies of states represent unhealthy moralism, which also influences legislation. From there what comes as regulation creates a situation where citizens are harassed, and public resources frittered away on non-existent problems. As a parting shot, the message in all these bottles is for governments to lighten and smarten up.
