Articles 21 & 47 Of Indian Constitution

Source: Supreme Court  

Why in News? 

Recently, Justice Sameer Jain directed the State to explain the allotment of liquor shops in densely populated areas and near public institutions, stating it prima facie violates Articles 21 and 47 of the Constitution, and sought the State’s Temperance Policy. 

• The Rajasthan High Court held this in the matter of Sadhana Shivhare v State of Rajasthan (2025). 

What was the Background of Sadhana Shivhare v State of Rajasthan, 2025 Case? 

• The petitioner, Sadhana Shivhare, wife of Shri Parshuram Shivhare, was allotted a composite liquor shop bearing No. 98, situated at Kishanpole Bazar, Ward No. 71(H) in Jaipur, since the financial year 2021-22 in accordance with the Excise Policy. 
• For the financial year 2024-25, the said shop remained unauctioned, and consequently, after negotiations, the composite shop was sanctioned and allotted to the present petitioner. 
• On 02nd June 2024, after due application of mind, the location and map of the said shop was approved in terms of the provisions of the governing statute, law and precedents passed by the Hon'ble Supreme Court. 
• The sanction order remained valid and continued till 2025-26 with an enhancement of 5 per cent of the licence fee. 
• The petitioner submits that the terms and conditions imposed by the State/respondents were never violated by her. 
• On 13th August 2025, the petitioner received an impugned notice directing her to shift/change the location of the shop to an unobjectionable area due to alleged public resentment. 
• The copy of the said notice was not supplied to the petitioner. 
• Aggrieved by the said notice, the petitioner has filed the present writ petition challenging the direction to relocate her licensed premises. 

What were the Court’s Observations? 

• The Hon'ble Court observed that as per Article 47 of the Constitution of India, the State shall make an attempt to prohibit the consumption of intoxicating drinks and drugs which are injurious to health except for medicinal purposes. 
• The Court noted that liquor and goods/articles covered under Article 47 are governed by the doctrine of res extra commercium. 
• The Court observed that the petitioner has no vested right qua the sale of liquor. 
• The Court remarked that despite the Temperance Policy, the State has approved a location in a public market over the years. 
• The Court observed that the allotments of liquor shops in densely populated markets prima facie appears to be against the provisions of Articles 21 and 47 of the Constitution of India. 
• The Court directed that the Commissioner of Excise Department as well as the Principal Secretary shall appear via video conference on the next date of hearing. 
• The Court directed the State authorities to furnish the Temperance Policy vis-à-vis Articles 21 and 47 of the Constitution of India. 
•  The Court directed the State to tender reasonable justification qua allotments of liquor shops in public areas wherein temples, schools and sacred establishments are located. 
• The Court directed the State to provide an explanation qua allotments of shops in densely populated markets which prima facie appears to be against the provisions of Articles 21 and 47 of the Constitution of India. 
• Notice was issued to the respondents, and the matter was listed for hearing on 28.08.2025 (subsequently to be heard on 09.09.2025). 

What is Article 21 and 47 of Constitution? 

Article 21 - Protection of Life and Personal Liberty 

• Article 21 states: "No person shall be deprived of his life or personal liberty except according to procedure established by law." 
• This fundamental right protects the basic human rights of life and personal liberty, ensuring that the state cannot arbitrarily deprive individuals of these rights without following due legal process. 

Article 47 - Duty of the State to Raise Nutrition and Health Standards 

• Article 47 states: "The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health." 
• This directive principle places a constitutional duty on the state to improve public health and specifically mandates efforts toward prohibition of harmful intoxicating substances, except for medical use. 

Is Allotment of Liquor Shops in Densely Populated Areas Contrary to Articles 21 and 47 of the Constitution ? 

• Article 47 creates a constitutional mandate for the state to work toward prohibition of intoxicating drinks 
• Liquor falls under "res extra commercium" (things outside commerce) due to Article 47 
• No vested right exists for individuals to sell liquor 
• Allotment of liquor shops in densely populated markets with temples, schools, and sacred places appears "prima facie" inconsistent with both Articles 21 and 47