Does gambling & Sale Of Alcohol Qualifies as a Trade & Business? | The National TV



India was known for its dry culture as people used to consume traditional alcoholic beverages. But the inclination of people towards alcohol increased due to rapid industrialization in the 19th Century and traditional alcoholic beverages were replaced by whiskey and rum. It was noted that the easy availability of alcoholic beverages results in increasing no. of crimes and drunkenness. Initially, there was no prohibition on alcoholic beverages but later on, Article 47 gave the right to the state that they shall bring such prohibition.



Article 47 of the Constitution of India states that it is the duty of the state to raise the level of nutrition and standard of living and improve public health so to perform its duty the state shall bring prohibition in consumption of intoxicating drinks and drugs which are injurious to health. On 8th May 2020, 11 pan masala is banned in Jharkhand for better health of citizens. While Maharashtra and Bihar have also banned Pan Masala. The doctrine of res extra commercium This doctrine was originated in Roman Law which basically means a thing outside commerce. It means no one can sell or trade certain things. In-State if Bombay v. RMD Chamarbaugwala, the doctrine of Res extra commercium was introduced.




State of Bombay v. RMD Chamarbaugwala (1957)

In this case, the Bombay Lotteries and Prize Competition control and Tax (Amendment) Act of 1952 was challenged. This amendment widened the meaning of prize competition in Sec 2(1) of Bombay Lotteries and Prize Competition Control and Tax Act,1948, and inserted Section 12 A which imposed tax on the promoter if prize competition. This amendment was challenged on the ground that it is violating fundamental right to trade under Article 19(1)(g) of the Constitution of India. The doctrine of res extra commercium was introduced in this case. It was observed by the Judicature of Bombay High Court that Gambling is an immoral activity. Therefore, It was held that Gambling and Sale of Alcohol don't come under the ambit of the right to carry on trade and business under Article 19(1)(g) and Article 301 of the Constitution of India.






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