Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industries (Development and Regulation) Act 1951 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Matter Referred to Larger Bench |
Headnote | Industries (Development and Regulation) Act, 1951 - ss. 18G and 2 - Dispute as to whether State had any power to regulate manufacture and sale of denatured spirit under Entry 33 of List Ill of the Seventh Schedule of the Constitution - Contention of State that the mere existence of s. 18-G of the Act did not oust the competence of State legislature - 7 Judge Bench of this Court in the Synthetics and Chemicals case had interpreted the provisions of s. 18-G - Held: If decision in that case with regard to interpretation of s. 18-G is allowed to stand, it would render the provisions of Entry 33(a) of List Ill nugatory or otiose - Therefore, this aspect of the matter requires reconsideration by a larger Bench of this Court, particularly, when views expressed by the 7 Judge Bench have been distinguished in several subsequent decisions of this Court, including two decisions rendered by Constitution Benches of five Judges - Questions formulated and referred to larger Bench-Constitution of India, 1950 - Seventh Schedule, List III, Entry 33 - Uttar Pradesh Excise Act, 1910.Dispute arose as to whether the State had any power to regulate the manufacture and sale of denatured spirit under Entry 33 of List III of the Seventh Schedule of the Constitution notwithstanding Section 2 and Section 18G of the Industries (Development and Regulation) Act, 1951. While Section 2 of the Act provides for a declaration as to expediency of control of specified industries by the Union in public interest, Section 18-G empowers the Central Government to secure the equitable distribution and availability at fair prices of any article or class of articles relatable to any scheduled industry, to provide and regulate the supply and distribution thereof, and trade and commerce therein by a notified order. The said Act was amended in 1956 and item No. 26 was inserted in the First Schedule of the said Act which, inter alia, empowers the Central Government to control the fermentation industry including alcohol industries.Appellants submitted before this Court that the mere existence of Section 18-G in the Statute book did not oust the competence of the State legislature to enact legislation in respect of matters falling under Entry 33 of List III of the Seventh Schedule to the Constitution and that even if a notified order is issued under Section 18-G the effects of the same stand nullified by clause (a) of Entry 33. According to the Appellants, this aspect of the matter had not been gone into by the 7 Judge Bench of this Court in the Synthetics and Chemicals case*while interpreting the provisions of Section 18-G of the Act, and therefore, requires reconsideration by a larger Bench of this Court. |
Judge | Honble Mr. Justice Altamas Kabir |
Neutral Citation | 2007 INSC 1102 |
Petitioner | State Of U.p. And Ors. |
Respondent | M/s. Lalta Prasad Vaish |
SCR | [2007] 11 S.C.R. 670 |
Judgement Date | 2007-10-25 |
Case Number | 151 |
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