Supreme Court rules States have regulatory power over industrial alcohol
- In Reports
- 01:27 PM, Oct 23, 2024
- Myind Staff
In a landmark ruling on Wednesday, the Supreme Court of India, in an 8:1 majority decision, declared that states, not the Centre, have the regulatory authority over the production, manufacture and supply of industrial alcohol. This ruling overturns a 1997 seven-judge bench verdict that had placed regulatory control with the Centre. The case was referred to a nine-judge bench in 2010 for reconsideration, leading to this new decision.
Chief Justice D Y Chandrachud, who authored the judgement on behalf of himself and seven other justices, stated that the Centre lacks the regulatory power over industrial alcohol. Justice B V Nagarathna was the only judge on the bench to dissent, disagreeing with the majority verdict.
Industrial alcohol, unlike alcohol for human consumption, is not meant to be consumed as a beverage. The regulation of such substances falls under different entries in the Constitution of India. Specifically, Entry 8 in the State List under the 7th Schedule grants states the power to legislate on the manufacture, possession, transport, purchase, and sale of "intoxicating liquors." However, the Centre has control over industries that are declared by Parliament to be in the public interest, as mentioned under Entry 52 of the Union List and Entry 33 of the Concurrent List.
The key issue in this case was determining whether industrial alcohol, which is not meant for consumption, falls under the states' control or the Centre’s regulatory domain. While both Parliament and state legislatures can enact laws on subjects listed in the Concurrent List, central laws have primacy over state laws in case of conflict.
The ruling came after the Supreme Court heard petitions challenging the 1997 seven-judge bench verdict that had previously given regulatory authority over industrial alcohol to the Centre. With this new judgement, states will now have greater control over the regulation of industrial alcohol within their territories.
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