Prohibitioning and the Constitution of India
Prohibition was reviewed and re-conceptualised following the achievement of independence, when the foundations of the modern Indian state were formally established. In the long run, the prohibition ideal filtered through new administrative and legal frameworks that nevertheless bore the imprint of both colonialism and the struggle against it. As the independent Indian republic was premised upon the founding principles of secular democracy and federalism, prohibition had to reckon with both debates relating to personal liberties and issues of state autonomy.
Following independence, the national democratic state – having won the mandate of representing national society – sought to intervene in that domain in order to transform it. The processes that had accompanied the birth of the Indian nation had brought forth institutions, structures and practices that enabled policies like prohibition to be operationalised through the workings of the state. However, the problem remained that a national society still had to be fashioned anew from the fluid, overlapping identities that made up the fabric of Indian social life. Amidst such a ‘recalcitrant social’, which, Prathama Banerjee argues, continued to function as ‘a network of multiple nodes of caste, community and regional sovereignties’, postcolonial governmentality appeared from the very outset ‘a compromised project’.
In this, however, postcolonial governmentality did not constitute as radical a rupture from the colonial past as Banerjee's discussion would suggest. The careful balancing act that the nationalist government attempted to strike between ‘mobilising the social and mobilising the political’ had already set the tone for things to come before independence was achieved; prohibition's colonial-era origins are a case in point.