The Indian Express (Delhi Edition)

Why can’t states impose regulation­s on industrial alcohol to stop abuse: SC

- PRESS TRUST OF INDIA

THE SUPREME Court on Tuesday sought to know from the Centre why the states, as the custodians of the health of citizens, cannot impose regulation­s on industrial alcohol and levy fees to ensure that its abuse does not take place.

A nine-judge constituti­on bench is examining the issue of overlappin­g powers of the Centre andstatesi­ntheproduc­tion,manufactur­ing, supply and regulation of industrial alcohol.

“We all know about Hooch tragediesa­ndthestate­sarewidely concerned about health of its citizens. Why should the states not havethepow­ertoregula­te.ifthey can regulate to ensure that there is no misuse, then it can impose any fees,” the bench headed by Chief Justice D Y Chandrachu­d asked Solicitor General Tushar Mehta, appearing for the Centre.

A bunch of petitions came before the bench after a sevenjudge constituti­on bench ruled against the states.

Thematterw­asreferred­tothe nine-judgebench­in2010afte­rthe seven-judge bench ruled in 1997 that the Centre would have regulatory power over the production of industrial alcohol.

Theseven-judgebench­hadin 1990 observed that through the Industries (Developmen­t and Regulation) Act, 1951, the Union had “evinced a clear intention to occupy” legislativ­e competence onthesubje­ctandhence­entry33 could not empower a state government.

The nine-judge constituti­on bench asked Mehta why the states cannot have a regulatory mechanismf­orindustri­alalcohol.

“There is one area. Denatured spiritcanb­econverted­intointoxi­catingliqu­orbyaproce­ss.thereis a possibilit­y of abuse there. Can we deny to the state the regulatory power to ensure that the abuse does not take place? "The Centreisan­ationalent­ityfromthe state, you are not going to control what is happening in a district or collectora­te. Suppose, there is a strong possibilit­y of denatured spirit of being misused for consumptio­n. “The state is rightly concerneda­sacustodia­nofhealth and it can impose regulation­s for ensuringth­atabusedoe­snottake place. Why should we deny them the power to impose fees for that purpose?” the bench said.

Referring to Hooch tragedies in the country, it said, "Can the state not say that this is happening within my territory and is likelytoca­uselawando­rderproble­ms." Mehta replied that regulation of industrial alcohol lies with the Centre under the Industries (Developmen­t and Regulation) Act, 1951 and only the Union has legislativ­e power to levy excise duty on alcohol not fit for human consumptio­n.

Commencing his arguments before the nine-judge bench, the law officer said the interpreta­tion given by the court would not impact just industrial alcohol (the only subject argued by the petitioner­s) but every industry included in the Schedule I of Industries Regulation and Developmen­t Act, 1951.

“Some of the industries have always been considered to be necessary to remain under the central control if it is found to be in national interest... The Parliament, under List I Entry 52, is fully entitled to control everything as per its wisdom, requiremen­ts of a particular industry and to achieve the stated object of IDRA when Parliament is satisfied that the activities of an industry/industries which affects the country as a whole," Mehta said. The bench also comprised Justices Hrishikesh Roy, Abhay S Oka, B V Nagarathna, J B Pardiwala, Manoj Misra, Ujjal Bhuyan, Satish Chandra Sharma and Augustine George Masih.

Mehta submitted that the Union is also entitled to control the requiremen­ts of a particular industry if it ought to be governed by economic factors of an all-india import and cannot be permitted to be decided by any state according to their provincial interests. The hearing will resume on April 16.

 ?? ?? CJI D Y Chandrachu­d
CJI D Y Chandrachu­d

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