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november 1974

Supreme Court of India · 1974-11-27

NASHIRWAR ETC. ETC. vs THE STATE OF MADHYA PRADESH

Citation / case number
SC 1974/60357
Court
Supreme Court of India
Petitioner
NASHIRWAR ETC. ETC.
Respondent
THE STATE OF MADHYA PRADESH
Bench
RAY, A.N. (CJ)

Judgment text excerpt

The Supreme Court upheld the constitutional validity of the Central Provinces Excise Act, 1915, affirming that the State has the exclusive right to manufacture and sell liquor, which includes the power to grant licenses through public auction as per Entry 8, List II of the Constitution. The Court ruled that there is no fundamental right under Article 19(1)(g) for citizens to trade in liquor, citing the State's police power to enforce public morality and the historical context of excise laws in India. The appeals and writ petitions challenging the State's authority were dismissed.

NASHIRWAR ETC. ETC. vs THE STATE OF MADHYA PRADESH · Niyam