B. VISWANATHIAH AND COMPANY AND ORS. versus STATE OF KARNATAKA AND ORS.

B. VISWANATHIAH AND COMPANY AND ORS. versus STATE OF KARNATAKA AND ORS.

Entry 52 of List I covers only the process of manufacture or production of the industry once Parliament declares control. State legislation on raw materials and the distribution of industry products remains valid unless repugnant to a Central Act. The Mysore Silkworm Seed and Cocoon Act amendments regulate distribution and supply, not manufacturing or production, and are not repugnant to the Central Silk Boards Act, thus the State Legislature was competent.

Parties
Appellant/petitioner: B. Viswanathiah and Company and Ors.; Respondent: State of Karnataka and Ors.
Jurisdiction
India
Judgment Date
11 February 1991
Procedural Posture
Civil Appeal and Writ Petition / Supreme Court Judgment
Outcome
appeals and petitions dismissed
Legal Topics
Seventh Schedule, State V. Central Legislative Powers, Controlled Industries, Repugnancy Between State and Central Legislation
Constitutional Law Legislative Competence Seventh Schedule State V. Central Legislative Powers Controlled Industries Repugnancy Between State and Central Legislation

Case Brief

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Parties

B. Viswanathiah and Company and Ors.

Appellant/petitioner

State of Karnataka and Ors.

Respondent

Procedural Posture

Civil Appeal and Writ Petition / Supreme Court Judgment

Legal Issues

  1. 1 Whether the State Legislature was competent to enact amendments to the Mysore Silkworm Seed and Cocoon (Regulation of Production, Supply and Distribution) Act, 1959 after the enactment of the Central Silk Boards Act, 1948, containing a declaration under Entry 52 of List I.
  2. 2 Whether the Mysore Silkworm Seed and Cocoon Act, as amended, is repugnant to the Central Silk Boards Act, 1948.

Ratio Decidendi

Entry 52 of List I covers only the process of manufacture or production of the industry once Parliament declares control. State legislation on raw materials and the distribution of industry products remains valid unless repugnant to a Central Act. The Mysore Silkworm Seed and Cocoon Act amendments regulate distribution and supply, not manufacturing or production, and are not repugnant to the Central Silk Boards Act, thus the State Legislature was competent.

Court Disposition

appeals and petitions dismissed

Orders

  • No orders regarding costs