AIR 1998 SUPREME COURT 3076 ::1998 AIR SCW 2985 ::1998 ALL. L. J. 2239 ::1999 (1) UJ (SC) 127 ::1998 (7) SCC 26 ::(1998) 5 Scale 246 ::1998 (2) UPTC 1072 ::(1998) 7 Supreme 367 ::(1998) 6 JT 323 (SC)

Supreme Court Of India

(From : Allahabad)*

Hon'ble Judge(s): M. M. Punchhi, Sujata Manohar , JJ

(A) Constitution of India , Sch.VII List I Entry 52, Sch.VII List III Entry 33, Art.254— Industries (Development and Regulation) Act (65 of 1951) , Sch.I Entry.25, S.18G— Uttar Pradesh Sheera Niyantran Adhiniyam (Molasses Control) Act (24 of 1964) , S.10— @page-SC3077Sugar Industry - Molasses - Legislative power in respect of trade and commerce in relation to - Entire field is not occupied by Parliament - State Legislature is competent to legislate under Entry 33 of List 3 subject to Art. 254 - U. P. Sheera Niyantran Adhiniyam 1964, enacted by State is constitutionally valid. By reason of the Industries (Development and Regulation) Act, 1951 and Entry 25 in the First Schedule to the said Act, all legislations pertaining to sugar industry is not within the exclusive domain of the Union Government, being covered entirely by Entry 52 of List I. Therefore, the State of U. P. has legislative competence to enact the U. P. Sheera Niyantran Adhiniyam, 1964 or the orders thereunder. Principle of harmonious construction should be applied to Entries 24, 26 and 27 of List II to hold that the term "industry" in Entry 24 would not take within its ambit trade and commerce or production, supply and distribution of goods which are the express province of Entries 26 and 27 of List II. Similarly, Entry 52 in List I which deals with industry also would not cover trade and comme....