None can deny that a government has the inherent right to impose prohibition or frame a legislation to enforce its decision and programme. It is also a fact that nobody can claim to consume liquor as a fundamental right. What is at the core of the controversy is the government move to victimise and penalise innocent persons. True enough the high court had held as 'unconstitutional' the state's decision to impose prohibition - under Section 19(4) of the Bihar Excise Act, 1915, as amended by the Bihar Excise (Amendment) Act, 2016 - and the penal provisions of enhanced sentence and confiscation of property.

Bihar prohibition law like a rogue undermined the fundamental principles and jurisprudential ethics. In his desperation to build his independent base of women voters he preferred to ignore the basis social and cultural tenets. Under the law a person cannot be punished for the guilty committed by other person. But Nitish asked his bureaucrats not to care for these legalities and frame every one, irrespective of the fact whether he consumed the liquor. Nitish even flouted the basic precept of justice; one I innocent till he is pronounced guilty. As if these were not enough Nitish government directed the police and also incorporate it in the law that the owner of the house or property would be held guilty and punished if somebody is found using the space for drinking, or even the police finds the evidences of boozing there.

Between April 1 and August 20, the state government arrested 13,839 persons for violating prohibition, according to excise department data. The prohibition policy as implemented in Bihar violated many accepted norms of law. If a person was found drunk or carrying liquor, family members were also held liable and could be punished. Villages faced collective fines if one person violated the law. Guilt by association is not accepted by any civilised law. The problem with the prohibition law was not just that it was illegal. It was impractical too, and did more harm than good. An illicit liquor industry has emerged in the state, at least 16 people died in a hooch tragedy, bootlegging started flourishing and drug abuse is on the rise. Prohibition by law is wrong policy, and its imposition with an iron hand is worse.

In fact the clause of the Act which empowers the police to arrest family members, the landlord, the owner of the house has caused immense resentment. Even those who had volunteered to spread his message for prohibition have withdrawn.

The court pronounced the state’s draconian liquor ban unconstitutional. While Nitish decided to appeal against the judgment, he also notified a more stringent law in its place. What is significant is all the clauses and provisions of the rejected Act have been retained in the new law. Appealing against the ruling is the government’s right, but challenging it with a new law which has the same provisions as those struck down by the court, and giving twist of legislature vs judiciary issue, amounts to defiance of the court, and disrespect for the law.

Government counsel admitted that arrests for possession were 'illegal', but added: 'All such arrests were made by the police and the excise department officials. How can you blame the government for the excesses committed by them?' Strange is this legal logic. Whom the legal experts are trying to fool? Excise department is a part of the government. The department’s secretary exercises the rights conferred on him by the Governor.

During the Ottoman prohibition, the Turks used to find innovative ways to circumvent the ban, even in the face of the threat of capital punishment. The expression, 'the Ottoman ban lasts only three days,' became a proverb only for this reason. While the top-down political attempts developed to suppress the alcohol consumption the bottom-up social resistance was also emerged in a robust way. In those days there used to be a quite popular saying:“Leave alone the hypocrites, come to the barroom, here, there is no hypocrisy!”

In Bihar no such similar situation exists, but the people are sure that the chief minister Nitish Kumar’s prestigious campaign for complete prohibition would eventually fizzle out. The people who earlier had supported Nitish’s agenda have gradually started turning sceptical. A feeling has gripped them that his entire exercise is focussed to project him as the next prime minister. True enough the people of Bihar are not averse to his efforts. It is his maneuvering that has intrigued them.

The haste in notifying a new law manifests political strategy, which is aimed at distinguishing himself as the champion of the peoples’ cause. Like Narendra Modi’s Swachchata Abhiyan, Nitish has his prohibition campaign and is sure to become the prime minister. Prohibition was his main campaign outreach to women voters in the 2015 Assembly elections.

The prohibition plank, with its Gandhian overtones provides Nitish an opportunity to assume to himself the mantle of a moral campaigner nationally. In a clever strategical move he also contemplated to distance from Lalu Prasad. Nonetheless Nitish Kumar should realise and comprehend the bitter truth that from 2005 to 2014, he was having Lalu Prasad as his target. Lalu was like a “blackboard” for his jungle raj or symbolised epitome of mis-governance. Obviously even a miniscule action of Nitish appeared to be a n example of classical good governance. But post 2014 Nitish has to compete with his shadow, the Nitish of pre 2014. Unfortunately, the current Nitish has done nothing credit worthy to counter the pre-2013 Nitish. In the prevailing political situation, he has to depend on simple populist rhetorics for his survival.

Performances on the front of law and order is one of the key parameters for the good governance. Even his ardent admirers admit that he has “not succeeded in arresting the decline”. Shahabuddin fracas is the latest example. Shahabuddin getting bail implied that either Nitish has been extending covert support to such elements or the officials and bureaucrats are not listening to and honouring his instructions. Kin fact the later is the bare truth. After becoming chief minister for the third time, he held at least four high level meetings of the police officials. Paradoxically the law and order has further declined. Every day at least one person is killed in Patna, During last one year not less than nine police have been killed byghe goons.

The education sector is languishing. Various scams have surfaced. He is not serious to address the problems. Universities are on declines. The departments are short of qualified teachers and professors and as a result of this students have to suffer as class not held regularly.

Drastic fall in tax revenue is perhaps the biggest worry facing the Nitish government. There was a 34 percent drop in tax collection in the first quarter of this financial year. The government could collect only Rs. 3,752 crore in the first quarter this year as opposed to Rs. 5,733 crore collected in the same period last year. This has happened at a time when the government needs an additional Rs. 7,000-8,000 crore to implement the recommendations of the seventh pay commission.

It is really doubtful that how far the liquor ban would push Nitish as a front-runner for the 2019 Lok Sabha battle? While continuing with his prohibition campaign which entices the women voters he also been targeting the Bihari new middle class, comprising of the new rich backward castes, through his call for a RSS-mukt Bharat. He intends to reach out to the decisive members of the urban middle class. Nitish nevertheless should realise the bourgeoning Indian middle class is more interested in new openings and bright economic prospect. (IPA Service)