The Supreme Court of India
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New Delhi: States' power to legislate to regulate industrial alcohol is untrammeled and complete, the Supreme Court was told on Wednesday.
Senior advocate Dinesh Dwivedi, appearing for the Uttar Pradesh government, told a nine-judge Constitution bench headed by Chief Justice D Y Chandrachud that 'liquor' has always been in the legislative sphere of the States and the Centre does not have any jurisdiction with regard to industrial alcohol.
Excise, liquor and spirit have always been part of State jurisdiction, including industrial alcohol, he said.
"The Central government has not issued any order to regulate industrial alcohol as per Section 18G of the Industries (Development and Regulation) Act, 1951. Therefore, there cannot be a case of conflict or occupied field. The field is unoccupied and the States' power to legislate to regulate industrial alcohol is untrammeled and complete," Dwivedi told the bench.
The bench, which also comprises Justices Hrishikesh Roy, Abhay S Oka, B V Nagarathna, J B Pardiwala, Manoj Misra, Ujjal Bhuyan, Satish Chandra Sharma and Augustine George Masih, is hearing the legal issue of overlapping powers between the Centre and the State in production, manufacturing, supply and regulation of industrial alcohol.
The hearing is currently underway.