Beyond Entry 8: Rethinking The Federal History Of Alcoholic Liquor In India
- IJLLR Journal
- 10 hours ago
- 1 min read
Siddharth Mandhyan, B.A. LL.B. (Hons), National Law School of India University, Bengaluru
ABSTRACT
The constitutional classification of “intoxicating liquor” under the Entry 8 of the State List in the Seventh Schedule of the Indian Constitution has been a cornerstone of fiscal federalism for a very long time. However, the contemporary evolution of the liquor industry into a highly integrated, inter- state economic enterprise has made this fragmented regulatory framework increasingly obsolete. This paper examines the historical and judicial revolution of alcohol regulation in the country, arguing that the existing exclusive state jurisdiction fosters inter-state smuggling (especially into dry states like Bihar), regulatory hinderance, and inconsistent public health standards. By analyzing the federal models of countries like the United State and Australia, alongside the transformative potential of GST Council, the paper proposes a constitutional paradigm shift. It argues the inclusion of alcohol regulation in the Concurrent list (List III) while simultaneously advocating for maintaining states’ financial autonomy through a Non- Obstante Clause. This dual approach aims to balance the necessity of a unified national regulatory framework with the preservation of the states’ essential fiscal independence. The paper also suggests the formation of a National Liquor Regulation Council to harmonize standards, thereby advancing the principles of cooperative federalism in the modern interconnected Indian economy.
Keywords: Intoxicating Liquor, Seventh Schedule, Cooperative Federalism, Fiscal Independence, Public Health Standards.
