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Source: This post on Supreme Court Upholds States Power to Regulate Industrial Alcohol has been created based on the article “Supreme Court upholds States’ power to regulate industrial alcohol “ published in The Hindu on 23rd October 2024.
Why in news?
Recently, the Supreme Court of India delivered a significant ruling affirming states’ authority to regulate industrial alcohol. The decision was made by a Constitution Bench of nine judges, with an 8:1 majority.
Key Findings
Broad Interpretation of ‘Intoxicating Liquor’: The term ‘intoxicating liquor’ in Entry 8 of the State List includes industrial alcohol.
This entry grants states the power to regulate various aspects of alcohol, including production and sale.
Public Health Considerations: The Court emphasized that alcohol poses risks to public health and safety. Entry 8 aims to enhance public interest by encompassing all forms of alcohol that can be misused.
Challenge to Centre’s Authority: Several states contested the Centre’s claim of exclusive control over industrial alcohol under Entry 52 of the Union List. The Centre argued that this entry allows it to regulate industries deemed in the public interest.
Court’s Interpretation of Entries: The Supreme Court clarified that Entry 8 is both industry- and product-based. It ruled that Parliament cannot fully occupy the field of industrial regulation through a declaration under Entry 52.
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