Why can't states impose rules on industrial alcohol: SC to Centre

‘The state is rightly concerned as a custodian of health it can impose regulations for ensuring that abuse does not take place, the bench said

The Supreme Court on Tuesday sought to know from the Centre why the states, as the custodians of the health of citizens, cannot impose regulations on industrial alcohol and levy fees to ensure that its abuse does not take place.

A nine-judge constitution bench is examining the issue of overlapping powers of the Centre and states in the production, manufacturing, supply and regulation of industrial alcohol.

"We all know about Hooch tragedies and the states are widely concerned about health of its citizens. Why should the states not have the power to regulate. If they can regulate to ensure that there is no misuse, then it can impose any fees," the bench headed by Chief Justice D Y Chandrachud asked Solicitor General Tushar Mehta, appearing for the Centre. A bunch of petitions came before the bench after a seven-judge constitution bench ruled against the states.

The matter was referred to the nine-judge bench in 2010 after the seven-judge bench ruled in 1997 that the Centre would have regulatory power over the production of industrial alcohol.