NEW DELHI: Justice B V Nagarathna, as a part of Supreme Courtroom’s nine-judge bench engaged in distinguishing ‘industrial alcohol’ from ‘intoxicating liquor’ to determine a Centre-state tussle on a revenue-rich situation, might be testing the correctness of a 1989 ruling by a seven-judge bench that included her father after which CJI E S Venkataramiah.Justice Nagarathna will grow to be the primary lady Chief Justice of India in 2027.It’s going to additionally mark the primary time a daughter has adopted her father to move the nation’s judiciary. She might be CJI for 37 days from Sep 24 to Oct 29, 2027. Her father was CJI for six months from Jun 19 to Nov 17, 1989.CJI D Y Chandrachud, alongside together with his father Justice Y V Chandrachud, who was CJI for the longest-ever tenure of seven-and-a-half years, are the primary father-son duo to move the Indian judiciary. Chandrachud Jr has to date twice overruled his father’s judgments.CJI Chandrachud, whereas ruling that proper to privateness was a part of proper to life in his August 2017 judgment in Okay S Puttaswamy case, had overruled the notorious Emergency-era ADM Jabalpur verdict, wherein his father was a celebration to the bulk opinion that upheld govt’s energy to droop elementary rights.In Sep 2018, he overruled one other of his father’s selections within the Might 1985 Sowmithri Vishnu case, which upheld the validity of Part 497 of IPC that punished solely married males for having sexual relationships outdoors marriage. The SC’s five-judge bench in Joseph Shine case had decriminalised the penal provision and mentioned adultery may solely be cited as a floor for divorce.Within the liquor case, Justice Nagarathna has been constantly asking questions pertaining to distinguishable options of intoxicating liquor, alcoholic liquor for human consumption and industrial alcohol.The bench of CJI Chandrachud and Justices Hrishikesh Roy, A S Oka, Nagarathna, J B Pardiwala, Manoj Misra, Ujjal Bhuyan, Satish C Sharma and Augustine G Masih has found new facets of interaction of regulating entries within the Seventh Schedule: alcoholic liquor for human consumption (Entry 51/84, Checklist II) and intoxicating liquor (Entry 8, Checklist II) and overarching management of Centre over all industries (Entry 51 of Checklist I).Curiously, there isn’t a point out of commercial alcohol in any entry within the three lists — central, state or concurrent. Through the two-day-long inconclusive arguments, attorneys used the phrases ‘alcohol’ and ‘liquor’ so usually {that a} decide smilingly remarked, “So much alcohol and liquor in the arguments that it has a physical effect.”States argued that Additional Impartial Alcohol (ENA) or undenatured ethyl alcohol, over which states have unique regulatory powers, was the ‘mother raw material’ for potable liquor and denatured spirit (industrial alcohol). They mentioned ethyl alcohol turned industrial alcohol after denaturation and, therefore, states alone would logically have unique regulatory management over industrial alcohol.Showing for Uttar Pradesh, senior advocate Arvind Datar mentioned the seven-judge bench comprising then CJI Venkataramiah and Justices Sabyasachi Mukherjee, Ranganath Misra, G L Oza, B C Ray, Okay N Singh and S Natrajan erred within the Synthetics judgment in 1989 by equating industrial alcohol with ethyl alcohol and rectified spirit.
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