Industrial Alcohol -Centre and State Laws for its Regulation

Industrial Alcohol Regulation
Industrial Alcohol Regulation

News

A nine-judge Constitution Bench of the Supreme Court questioned the Centre’s rigid position to have exclusive control over industrial alcohol without giving States even the opportunity to regulate its inflow and clandestine conversion to potable liquor for human consumption, posing a grave threat to public health.

Concept :

  • Industrial alcohol, unlike alcoholic beverages, is not meant for human consumption (denatured).
  • It finds applications in various sectors, including manufacturing pharmaceuticals, disinfectants, chemicals, and even biofuels.

Constitutional Framework:

State List (Entry 8):

  • Entry 8 in the State List grants states authority over intoxicating liquor legislation, including production, possession, and sale.

Union List (Entry 52):

  • Entry 52 in the Union List empowers the Parliament to legislate on industries deemed essential in the public interest.

Concurrent List (Entry 33):

  • Entry 33 of the Concurrent List allows both state and central governments to enact laws regarding industries, with the stipulation that state laws must not contravene central laws.

Industrial Alcohol Regulation:

  • Industrial alcohol falls under the purview of the Industries (Development and Regulation) Act, 1951 (IDRA), which provides for its regulation by the central government.

Key Issue:

  • The primary issue revolves around determining whether states possess the authority to regulate industrial alcohol or if exclusive control rests with the central government.

Legal Interpretation:

  • State laws must not be inconsistent with central legislation, even though both states and the Centre can regulate Concurrent List subjects. The IDRA, 1951, implies central control over industrial alcohol regulation.

About sree nivas

Check Also

50 years of Pokhran-I: Why India conducted its first nuclear tests

GS Paper II (Governance, Constitution, Social Justice and International Relations): Security issues and challenges: India’s …

Leave a Reply

Your email address will not be published. Required fields are marked *

Get Free Updates to Crack the Exam!
Subscribe to our Newsletter for free daily updates