GIDNEY CLUB NEW DELHI Vs. UNION OF INDIA

JUDGEMENT

(1.) Can Directive Principles of State Policy embodied in Part IV of the Constitution (Article 47 in this case) be enforced by administrative action by the state ? This important question along with others is raised by this writ petition on the following facts:

(2.) Petitioner No. 1 is a Club, which is the property of and an activity of the Delhi Branch of the All India Anglo-indian Association, New Delhi. Petitioner No. 2 is a member of the Club. A licence for the retain vend of foreign liquor at a club (bona fide or proprietory) in form L-19 was granted to the Club under Rule I of the Delhi Liquor Licence Rules, 1976 made under section 58 of the Punjab Excise Act, 1914, as applied to Delhi. The licence was for one year from 1-4-1977 to 31-3-1978. The relevant parts of section 58 authorising the framing of Rules regulating the sale of liquor are as follows:

(3.) On 15-3-1978 the following letter was addressed to the various clubs including the Gidney Club, petitioner No. 1.