Holding

State legislation on the raw materials and distribution of a controlled industry such as silk is constitutionally valid under Entries 27 and 33 of the Seventh Schedule and is not barred by Parliament’s declaration under Entry 52.

Summary

The Karnataka State Legislature amended the Mysore Silkworm Seed and Cocoon (Regulation of Production, Supply and Distribution) Act, 1959 to include restrictions on silk yarn, prompting petitioners to challenge its validity on the ground that Parliament's Central Silk Boards Act, 1948, under Entry 52 of List I, made the silk industry a controlled industry and thus barred state legislation. The Supreme Court examined whether Entry 52 precludes a state from legislating on raw materials, production, supply and distribution of the silk industry. It held that Entry 52 only covers the process of manufacture, while raw materials and distribution fall under Entry 27 of List II, and the products of a controlled industry may be regulated by both centre and state under Entry 33 of List III. Consequently, the Karnataka amendments were within the state's legislative competence and not repugnant to the Central Act. The Court dismissed the appeals and writ petitions, upholding the state legislation.

Issues considered

Whether the Karnataka amendment to the Mysore Silkworm Seed and Cocoon Act is within the legislative competence of the State Legislature after the Central Silk Boards Act, 1948.
Whether Entry 52 of List I bars State legislation on raw materials, production, supply and distribution of the silk industry.
Whether the State Act is repugnant to the Central Silk Boards Act, 1948.
Interpretation of Entries 24, 27 of List II and Entry 33 of List III in relation to a controlled industry.

Legislation cited

Central Silk Boards Act, 1948s. 10, s. 13, s. 2, s. 4
Industries (Development and Regulation) Act, 1951
Mysore Silkworm Seed and Cocoon (Regulation of Production, Supply and Distribution) Act, 1959s. 10, s. 6, s. 7, s. 8, s. 9

Subjects

legislative competenceEntry 52controlled industrysilk industrystate legislationdistribution of raw materialsSeventh Schedulerepugnancy

Judgment

B. VISWANATHIAH AND COMPANY AND ORS.
A

r v.
STATE OF KARNATAKA AND ORS.

FEBRUARY 11, 1991

[S. RANGANATHAN, KULDIP SINGH AND B
N.M. KASLIWAL, JJ.]
~-( Constitution of India, 1950: Seventh Schedule-List I Entry 7,52/
List II Entry 24/27/List III, Entry 33-Declaration of artain industry

-/•
to be within the purview of Parliamentary legislation-Raw materials,
production, and distribution of the products thereof-Legislation-
Competence of State Legislature.
c
Mysore Silkworm Seed and Cocoon (Regulation of Production,
___,,, Supply and Distribution) Act, 1959: Sections 6, 7, 8, 9 and 10-
Enactment of-Competence of State Legislature in the context of Cent-
ral Act-Whether repugnant to the provisions of Central Silk Boards D
Act, 1948.

The Mysore Silkworm Seed and Cocoon (Regulation of Produc-
tion, Supply and Distribution) Act, 1959 provided for the regulation of
production, supply and distribution of silk worm seed and cocoon in the
ii .I.
State of Mysore. The said Act was amended in 1969 and 1979. The 1979 E
amendments imposed restrictions on the production, distribution and
sale of silk yarn, and were analogous to the restrictions imposed earlier
in respect of silk worm seeds and cocoons.

The appellants filed Writ Petitions before the High Court chal-
lenging the validity of the provisions of the Act on several grounds, F
including lack -of legislative competence since the Central Silk Boards
,..___,
j-
Act, 1948 has already been passed by the Parliament. The High Court
negatived the contentions and dismissed the Writ Petitions. The present
appeals challenged the correctness of the said judgment.

The Writ Petitions filed directly in this Court also challenged the G
validity of the provisions of the said Act.

,-\ The main contention raised in these matters was that the provi-
sions of the Act lack legislative competence after the enactment by
Parliament of the Central Silk Boards Act, 1948 which contained a
declaration contemplated under Entry 52 of List I in the Seventh H

305
306 SUPREME COURT REPORTS [1991] 1 S.C.R.

Schedule to the Constitution of India, taking the Silk industry within
A the _purview of Parliamentary legislation.

Dismissing the matters, this Court,

HELD: 1. Legislation in regard to raw materials would be permis-
B sible under Entry 27 of List II, notwithstanding a declaration of the
industry under Entry 5l to be one within the purview of parliamentary
legislation. The process of manufacture or production can be legislated
on by States under Entry 24 of List II so long as the industry is not a
controlled industry within the meaning of Entry 7 or Entry 52 of List I.
So far as the distribution of the products of the industry is concerned, f,_
the State Legislature would be quite competent to legislate under Entry
c 27 of List II. Howeyer, when the industry is also a controlled industry,
legislation in regard to the products of the industry would be permissi-
ble by both the Central and the State Legislatures by virtue of Entry 33
of List III. [314A-C]

D Calcutta Gas Co. (P) Ltd. v. State, [1962] Supp. 3 S.C.R. 1, relied
on.

2. It is true that the Central Silk Boards Act purpots to control
the raw silk industry in the territory of India. But the control of the
industry vested in Parliament was only restricted to the aspect of pro-
E duction and manufacture of silk yarn or silk. It did not obviously take in
the earlier stages of the industry, namely, the supply of raw materials.
Even in regard to the silk industry, the reeling, production, develop-
ment and distribution of silkworm seeds and cocoons was regulated by
the Mysore Silkworm Seed and Cocoon (Regulation of Production, Sup-
ply and Distribution) Act, 1959. These items can perhaps be legiti-
F mately described as the raw materials of the silk industry. The control
being vested in Parliament under Entry 52, of silk industry, did not
affect the control over the raw materials. That is perhaps the reason
why the industry did not challenge the provisions of the Act, when it
was originally enacted, on the ground that is now being put fo..Ward.
The present legislation, as a result of the amendments, controls the
.G supply and distribution of the goods produced by the industry. Though
the production and manufacture of raw silk cannot be legislated upon
by the State Legislature in view of the provisions of the Central Act and
the declaration in section 2 thereof, that declaration and Entry 52 do
not in any way limit the powers of the State Legislature to legislate in
respect of the goods produced by the silk industry. To interpret Entry
H 52 otherwise would render Entry 33 in List m of the Seventh Schedule
VISWANATHIAH v. STATE OF KARNATAKA [RANGANATHAN, J.) 307

to the Constitution otiose and meaningless. In this view of the matter
A
the limitation contained in Entry 52 does not affect the validity of the
present legislation. [314H; 315A-FJ

I. T. C. Ltd. & Ors. v. State of Karnataka & Ors., [1985] (Supp.)
S.C.C. 476, distinguished.
B
3. The State legislation would be quite valid unless it is repugnant
to the provisions of a Central legislation on the subject. A perusal of the
Central Act makes it clear that the pith and substance of the legislation
is the consitution of a Silk Board for research into the scientific, tech-
nological and economic aspects of the industry. It does not have any-
thing to do with the aspects covered by Entry 33 in List m. There is,
therefore, no infirmity in the State Legislation. [315G-H]
c
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 2959-
----{ 60 of 1980.
WITH
D
Writ Petition Nos. 5548-50 of 1980.
From the Judgment and Order dated 9.9.1980 of the Karnataka
High Court in W.P. Nos. 20298 of 1979 and 1031of1980.
Soli J. Sorabjee, Rajinder Sachhar, H. Raghavendra Rao and
Vineet Kumar for the Appellants/Petitioners.
E
M. Veerappa, K.H. Nobin Singh and P.R. Ramasesh for the
Respondents.
The Judgment of the Court was delivered by
RANGANATHAN, J. The two appeals and the three writ peti-
3" tions challenge the validity of the provisions of the Mysore Silkworm F:
y - Seed and Cocoon (Regulation of Production, Supply and Distribu·
tions) Act, 1959 (Act No. 5 of 1960), hereinafter referred to a~ 'the
impugned Act'. The challenge was repelled by the Karnat'aka High
Court by its common judgment dated 9.9.1980 in two writ petitions,
which is the subject matter of appeals. It is perhaps in view of this
judgment that writ petitions no. 5548-5550 of 1980 have been filed G
directly in this Court raising a similar contention.

At the outset, it is necessary to clarify two important points. The
first is that the validity of the Act above mentioned and certain notifi-
cations issued thereunder were challenged in Civil Appeal Nos. 450
and 451 of 1966 and 542 of 1964. These Civil appeals were disposed of H
308 SUPREME COURT REPORTS (1991] 1 S.C.R.

by a judgment of this Court dated 6.1.1967 in State of Mysore & Ors. v.
A
Hanumiah. By the said judgment this Court repelled the contentions
then put forward. The validity of certain provisions of the impugned
Act had then been challenged on the footing that the said provisions as
well as the rules made and the notifications issued thereunder imposed
unreasonable restrictions on the fundamental right of the petitioners
B to carry on trade or business under Article 19(1)(g) of the Constitu-
tion. Again, the Mysore High Court in Mohammed Hussain v. State of
Mysore, (W.P. 45 of 1971) and this Court in Syed Ahmed Agha v.
State, A.LR. 1975 S.C. 1443 were called upon to consider contentions
as to the validity of certain amendments effected by Mysore Act 29 of
1969 to the impugned Act, in the light of the provisions of Articles 301
to 304 of the Constitution of India. The contentions were repelled with
c the result that the statutory regulations providing for protection to
rearers by the establishment of regulated cocoon markets and forbid-
ding the sale or purchase of silk worm cocoons except in such markets
were held to be valid. The present challenge, however, is on different
grounds. The contention now is that certain amendments effected to
D the impugned Act by Karnataka Act No. 33 of 1979 have to be struck
down as the State Legislature was not competent to enact the same.
Thus, the contention now addressed is different from those which were
considered by this Court on the earlier occasions. The second aspect
which we wish to clarify at the outset is that, though several grounds
were raised before the High Court as well as in the writ petitions, the
E argument before us was limited to a single contention. This was that
the impugned provisions lack legislative competence after the enact-
ment, by Parliament, of the Central Silk Boards Act (Act 61of1948),
(hereinafter referred to as 'the Central Act') which contains a declara-
tion contemplated under Entry 52 of List I in the Seventh Schedule to
the Constitution of India. We shall be addressing ourselves only to this
F argume!lt.

Mysore Act 5 of 1960 was passed since it was considered expe-
dient to consolidate the laws providing for the regulation of the pro-
duction, supply and distribution of silk worm seed and cocoon in the
State of Mysore. This Act contained several restrictions in regard to
G the production, supply and distribution of silk worm seed and cocoon.
Basically, sections 3, 4, 5, 6, 7 and 8 of the Act required a person to
obtain a licence for production, sale and distribution of silkworm seed,
for rearing silkworms from silkworm seed, for possession of silkworm
seed, for disposal of silkworm cocoons for reeling or for reproduction,
for sale or purchase of silkworm cocoons for reeling, and for carrying
H on the business of reeling silk worm cocoons. Section 10 enal1led the
VISWANATIIIAH v. STATE OF KARNATAKA [RANGANATHAN, J.] 309

Government to specify the manner of marketing the above goods, the A
places at which cocoon markets, cocoon market yards and cocoon
stores could be located, specify the sericultural areas to he served by
~ach cocoon market, assign zones and markets in which any licensed
buyer could carry on his business. It also provided that all transactions
involving the sale or purchase of cocoons in a cocoon market shall be by
weight, in open auction and in cash. The above Act, (and in particular B
the provisions contained in Sections 6 and 7), was amended by the
Karnataka Act 29 of 1969. But these amendments are not relevant for
our present purposes. There were further amendments effected to the
Act by Karnataka Act 33 of 1979. The petitioner is challenging the
amendments carried out by this Act. The principal amendments car-

-- ried out were, briefly, these. References to 'Mysore' were replaced by
references to 'Karnataka'. In the preamble, in addition to the to 'silk
worm seed' and 'cocoon', reference was added to 'silk yarn'. Defini-
c

tions of 'silk yarn' and various categories thereof were inserted.
-~ Section SA was introduced under which no person could be in posses-
sion of silk yarn in excess of a prescribed quantity unless he is a reeler,
a licensed trader, a twister, a weaver or a person authorised in writing D
by the prescribed officer. Section lOA provided for the establishment of
silk exchanges at· specified places. It enabled the Government to
appoint for each silk exchange, a silk Market Officer and also to con-

- stitute a marketing committee with the Market Officer as the Chair-
man and with representatives of reelers, twisters and traders for
regulating the conduct of business in the· exchange. It also provided E
that all transactions involving sale or purchase of silk yarn in a silk
exchange should be by weight, by open auction and in cash. Section
SA placed certain restrictions on reelers, twisters and traders after the
establishment of a silk exchange. It prohibits a reeler or twister from
selling or agreeing to sell silk yam reeled or twisted by him. It permit-
ted only licensed traders to purchase or agree to purchase silk yarn F
from a reeler or a twister and that too only in a silk exchange and in
accordance with such conditions and in such manner as may be pre-
scribed. Sub-section (2) of section SA provided that no person shall,
except in such silk exchange, use, or permit the use or assist in the use
of any building, roo~, tent, enclosure, vehicle, vessel or place for the
sale of silk yam by or purchase of silk yarn from a reeler or a twister or G
in any manner aid or abet the sale or purchase of silk yarn. To put it
very shortly, the amendments of 1979 imposed on the production,
supply, distribution and sale of silk yarn restrictions in a manner more
or less analogous to those that earlier existed in respect of silk worm
seeds and cocoons.
H
310 SUPREME COURT REPORTS [1991] 1 S.C.R.

The short point made on behalf of the petitioners is that any
A
legislation in respect of 'silk industry' can be enacted only by Parlia-
ment and the State Legislature is incompetent to legislate on this mat-
ter. This is because Section 2 of the Central Silk Board Act, which
reads as follows:

B "It is hereby declared that it is expedient in the public
interest that the Union should take under its control the
silk industry."

enacts a declaration in terms of Entry 52. This removes the 'silk
industry' from the purview of the State's legislative powers thus
rendering the State legislature incompetent to legislate thereafter on
c this topic. In this context, it is emphasised that originally the Central
Act and the declaration in S. 2 had been restricted to 'raw silk
industry' but, by an amendment of 1953 effective from 25.3.1954, their
scope was widened to include the entire 'silk industry'. The long title
of the Central Act is that it is "an Act to provide for the development
D under Central control of the silk industry and for that purpose to
establish a Central Silk Board". Under Section 4, the Central Govern-
ment is empowered to constitute a Board to be called the Central Silk
Board with a constitution as set out in sub-section (3). The functions of
the Board are set out in section B, which may be set out:

E "(1) It shall be the duty of the Board to promote the
development of the silk industry by such measures as it
thinks fit.

(2) Without prejudice to the generality of the foregoing
provision, the measures referred to therein may provide
F for-

(a) undertaking, assisting ot encouraging scientific, tech-
nological and economic research;

(b) devising means for improved methods of mulberry
G cultivation rearing, developing and distributing healthy
silkworm seeds, reeling or, as the case may be, spinning of
silkworm cocoons and silk waste, improving the quality and ')>--------
/
. production of raw silk, if necessary, by making it com-
pulsory for all raw silk to be marketed only after the same
has been tested and graded in properly equipped raw silk
H conditioning houses:
VISWANATHIAH v. STATE OF KARNATAKA [RANGANATHAN, J.) 311

(c) x x x x x
A
( d) improving the marketing of raw silk;

(e) the collection of statistics from such persons as may be
prescribed;
B
(f) carrying out any other duties which may be vested in
the Board under rules made under this Act."

The Board has also a duty to advise the Central Government on all
matters relating to the development of the raw silk industry and to
prepare and furnish such reports relating to the industry as the Central C
Government may call for from time to time. Two further provisions of
the Central Act which need to be referred to are Ss. 10 and 13. S. 10
enables the Central Government to levy and collect as a cess, a duty of
excise on all filature raw silk and on all spun silk reeled in the
territories of India. ·
D
Section 13 empowers the Central Government, by notification,
to make rules to carry out the purposes of this Act. Sub-section (2)
specifies certain enumerated matters in relation to which rules could
be framed but these mostly relate to the functioning of the Board the
a only two topics on which such rules could be framed which may be
relevant purposes are those contained in clause (xviii), (xix) and (xx) E
which read as follows:

"(xviii) the collection of any information or statistics in
respect of raw silk or any product of silk;

(xix) the manner in which raw silk shall be graded and F
marketed;

(xx) any other matter which is to be or may be prescribed.

In the context of these provisions the short argument which has
been pressed before us was dealt with by the High Court in paragraphs G

-- 13 and 14 which can be conveniently set out:

"13. The first question to be examined in this context is,
whether the amending legislations are beyond the legisla-
tive competence of the State Legislature. It was urged that
silk industry is a controlled industry declared by Parliament H
312 SUPREME COURT REPORTS [1991] 1 S.C.R.

by law to be expedient in the public interest under Entry 52 ~---l-'-,
A
of List L By section 2 of the Central Silk Boards Act, 1948. "-.
Parliament has declared that it· is expedient in the Public
interest that the Union should take under its control the
silk industry. Again, by Section 2 of the Industries
(Development and Regulation) Act, 1951 Parliament has
B declared that it is expedient in the public interest that the
Union should take under its control the industries specified _
in the first Schedule to the Act. Item 23(4) of the first ~
Schedule thereunder specifies "textile (including those
dyed, printed or otherwise processed) made wholly or part
of silk, including silk yarn and hosiery". Having regard to '{'"
these provisions and Entry 52 of List I of the Seventh
c Schedule, the State Legislature, as urged for the petitio-
ners, has no power to enact the impugned Acts:

14. It seems to us that this argument is bereft of substance.
It is now well settled by a series of pronouncements of the
D Supreme Court commencing with Tika Ramji and Others v.
State of Uttar Pradesh and Others, A.LR. 1956 S.C. page
676 down to the decision in Ganga Sagar Corporation Ltd.
v. State of Uttar Pradesh and Others, A.LR. 1980 S.C. page
286 that merely because an industry is controlled industry
as declared by Parliament under Entry 52 in List I, the 1 w
E State is not deprived of its legitimate power to legislate
within its own sphere in respect of such industry. ·

Referring to the scope of Entry 52 of List I, in the
context of legislation dealing with regulation of supply and
purchase of sugar cane required for use in sugar factories.
F Supreme Court in Tika Ramji's, A.LR. 1956 S.C. page 676, -{,
case observed: [Ibid Note 12 pages 695-696]: - -r (

"Industry in the wide sense of the term would be
capable of comprising three different aspects: (1) raw
materials which are an integral part of the industrial pro-
G cess, (2) the process of manufacture or production, and (3)
the distribution of the products of the industry. The raw
materials would be goods which would be comprised in ~
Entry 27 of List 2. The process of manufacture or produc-
tion would be comprised in Entry 24 of List 2 except where
.the industry was a controlled industry when it would fall
H within Entry 52 of List 1 and the products of the industry
VISWANATHIAH v. STATE OF KARNATAKA [RANGANATIIAN, J,] 313

would also. be comprised in Entry 27 of List 2 except where
A
they were the products of the controlled industries when
they would fall within Entry 33 of List 3."

It is clear from the above observations that it is not all
aspects of the industry (that) fall within the scope of Entry
52 of List l. It is only one aspect of the industry, that is, the B
process of manufacture or production that falls under
Entry 52 of List l. It does not include raw materials used in
the industry or the distribution of the products of the
industry. This view was· reaffirmed by the Supreme Court
in Harakchand Ratanchand.Banthia and Others v. Union of
Indi{J. and Others, A.LR. 1970 S.C. page 1453, and in the
Kannan Devan Hills Produce Company Ltd. v. The State of C
Kerala, A.LR. 1972 S.C. 2301 and Ganga Sugar Corpora-
tion Ltd. v. The State of Uttar Pradesh, A.I.R. 1980 S.C.
286. The question that arose iO tho_se cases was the scope
and effect of Entry 52 of List I in relation to Entries 24 and
27 of List II and Entry 33 of List III. The· effect of these D ·
decisions is that though expressions in legislative entries
refer to broad topics and fields of legislation and require a

- ...
liberal construction, and though the particular expression
'industries' in Entry 52 of List I in its wide sense may com-
prise many aspects, however, having regard to the scope of
other entries in the other lists, the ambit of Entry 52 of List E
I should be limited and confined only to the 'process of
manufacture or production· of an industry.' The impugned
legislations do not fall into this category and we, therefore,
reject the contention urged for the petitioners."

It will at once be seen that the point raised by the petitioners/ F
appellants has been repelled by the High Court on the basis of a series
of decisions of this Court regarding scope of Entry 52 of List I in the
Seventh Schedule to the Constitution. The High Court has pointed out
that when Entry 52 talks of control of industry it does not mean all
aspects of the industry in question. An industry comprises of 3
important aspects: G

---"( (i) rawmaterials

(ii) the process of manufacture or production; and

.(iii) the distribution of the products of the industry. H
314 SUPREME COURT REPORT~ (1991] 1 S.C.R.

Legislation in regard to raw materials would be permissible under
A Entry 27 of List 2, notwithstanding a declaration of the industry under
Entry 52 to be one within the purview of parliamentary legislation.
The process of manufacture or production can be legislated on by
States under Entry 24 of List 2 so long as the industry is not a .control-
led industry within the meaning of Entry 7 or Entry 52 of List I. So far
B as the third aspect viz. the distribution of the products of the industry
are concerned, the State Legislature would be quite competent to
legislate thereto in regard thereto under Entry 27 of List II. However,
when the industry is also a controlled industry legislation in regard to
the products of the industry would be permissible by both the Central
and the State Legislatures by virtue of Entry 33 of List 3. This in short
c
is the decision of the High Court based, as already pointed out on a
series of decisions of this Court. Observations by this Court to a like
.-
effect in Calcutta Gas Co. (P) Ltd. v. State, (1962] Supp. 3 S.C.R. 1
may also be seen. We entirely agree with this view.

On behalf of the appellants/petitioners, Shri Soli Sorabji con-
D tended that the validity of the enactment has now to be tested in the
light of the decision of this Court in /. T. C. Ltd. & Ors. v. State of
Karnataka & Ors., (1985] Supp. S.C.C. 476, where in, in a similar
context, a State legislation was held to be ultra vires. He also brings to
our notice that the correctness of this decision has been doubted by a
Bench of this Court and the matter has been referred to a larger Bench
E and is pending consideration by such a larger Bench. He, therefore,
submits that we should either hold following the above decision, that
the State legislation in this case is also incompetent or we should refer
this matter also to a larger Bench.

We are of the opinion that it is unnecessary, for the purposes of
F the present case, to consider the contentions raised in the I. T. C. case
(supra). That was a case in which the State enactment was held to be
competent by the High Court on the narrow ground that the central
legislation covered only virginia tobacco and did not deal with the
industry in so far as it related to other varieties of tobacco. On a
consideration of the provision of the Act, this Court came to the con-
G clusion that this interpretation of the Act was not correct and that the
central legislation did purport to regulate and control 'the entire
tobacco industry. In the light of this conclusion the court declared the
State law to ·.be incompetent, having regard to the provisions of Entry
52 of List 1 and the declaration in the Indian Toba~co Act under that
provision. In the present case, however, the matter is on a totally
H different footing. It is true that the Central Silk Board Act purports to
VISWANATHIAH v. STATE OF KARNATAKA [RANGANATHAN, J.] 315

control the raw silk industry in the territory of India. But, as pointe~ A
-~ out by the High Court in the light of the earlier decisions of this Court
therein referred to the control of the industry vested in Parliament wa~
only restricted to the aspect of production and manufacture of silk
yarn or silk. It did no~ obviously take in the earlier stages of th~
industry, namely, the supply of raw materials. For instance, as already B
pointed out, even in regard to the silk industry, the reeling, produc~
tion, development and distribution of silkworm seeds and cocoons was
~ regulated by Act 5 of 1960. These items can be perhaps legitimatel)'.
described as the raw materials of the silk industry. The control being
vested in Parliament under Entry 52 of silk industry did not in view o(

-'"" the earlier ruling of this Court affect the control over these raw mate-
rials. This is perhaps the reason why the industry did not challenge the, c
provisions of the 1959 Act, when it was originally enacted, on the
ground that is now befog put forward. The present legislation, as a 1

.• result of the amendments, controls the supply and distribution of the
------< goods produced by the industry. As fightly pointed out by the High
Court this is the third aspect of the industry which falls outside the
D
purview of the control postulated .under Entry 52. In other words, I

though the production and manufacture of raw silk cannot be legis-
lated upon by the State Legislature in view of the provisions of the,
Central Act and the declaration in section 2 thereof, that declaratioff
and Entry 52 do not in any way limit the powers of the State Legisla-.
J,, ture to legislate fa respect of the goods produced by the silk industry.
E
To interpret Entry 52 otherwise would.render Entry 33 in List 3 of the
Seventh Schedule to the Constitution otiose and meaningless. In this
1

view of the matter the limitation contained in Entry 52 does not affect
the validity of the present legislation. This is an aspect which was not:
touched upon and which did not arise in the Indian tobacco case.
I

There both the Central Act and the State Act purported to legislate in
F
regard to the industry, namely, in regard to the production and.

"'
;·~ manufacture of tobacco.

In view of our conclusion above, the State legislation would be
1

quite valid unless it is repugnant to the provisions of a Central legisla- G
ti on on the subject. A persual of the Central Act makes it clear that the
pith and substance of the legislation is the constitution of a silk Board
. ---.( for research into the scientific, technological and economic aspects of
the industry. It does not have anything to do with the aspects covered'
by entry 33 in List III. There is, therefore, no infirmity in the legisla-.
tion under consideration. H
316 SUPREME COURT REPORTS [ 1991] 1 S.C.R.

A In this view of the matter, we agree with the conclusion reached
by the High Court. As this is the only point that was argued before us
we dismiss the appeals and writ petitions but make no orders regarding
costs.

G.N. Appeals and Petitions dismissed.

\