New Delhi. The Supreme Court on Tuesday wanted to know from the Center why states cannot regulate industrial alcohol to protect the health of their citizens in view of the risks of toxic liquor. The court also asked the Center why states could not impose duty on industrial alcohol to prevent its misuse.
A nine-judge Constitution bench is reviewing the powers of the Center and states in the production, manufacturing, supply and regulation of industrial alcohol. A bench headed by Chief Justice DY Chandrachud told Solicitor General Tushar Mehta, appearing for the Centre, that we all know about the tragedy of hooch and states are concerned about the health of their citizens. Why shouldn’t states have the power to regulate? If they can regulate to prevent abuse, they can also impose a fee.
Earlier, the Constitution bench of seven judges had given the verdict against the states, after which the hearing is going on before a larger bench. A seven-judge bench had ruled in favor of the Center in 1997. In this decision it was said that the Center will have regulatory power over the production of industrial alcohol. After the states challenged this decision, the matter was sent to a bench of nine judges in 2010.
A nine-judge Constitution bench asked Mehta why states could not have a regulatory mechanism for industrial liquor. The bench said that spirit can be converted into intoxicating liquor through a process. In such a situation, there is a possibility of misuse. Can we deprive the state of regulatory power to ensure that it is not misused?
The court said that the Center is a national entity and you are not going to control what happens in any district. Suppose, there is a strong possibility of misuse by distorting it for consumption. Mehta, in his reply, said the regulation of industrial alcohol rests with the Center under the Industries (Development and Regulation) Act, 1951 and only the Center has the legislative power to impose excise duty on alcohol other than for human consumption. He said that the Court’s interpretation will not only affect industrial alcohol, but every industry included in Schedule – 1 of the Industries Regulation and Development Act, 1951. The next hearing of the case will be on April 16.
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Tags: CJI, Supreme Court
FIRST PUBLISHED: April 9, 2024, 21:26 IST