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Report No. 158

1.3. Relevant constitutional provisions concerning the subject under consideration.-

The subject of 'industries' is assigned to the States under Article 246 read with the Seventh Schedule to the Constitution of India. It is, however, made subject to certain Entries in the Union List. 'Entry 24' in List II (State List) reads: "industries subject to the provisions of Entries 7 and 52 of List I".

Entries 7 and 52 of List I (Union List) read as follows:-

"7. Industries declared by Parliament by law to be necessary for the purpose of defence or for the prosecution of war."

"52. Industries, the control of which by the Union is declared by Parliament by law to be expedient in the public interest."

It would be appropriate to set out Entry 33 of List III (Concurrent List) at this stage in view of its relevance to the subject considered herein. In so far as it is relevant, the Entry reads:-

"33. Trade and Commerce in, and the production, supply and distribution of - (a) the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the public interest, and imported goods of the same kind as such products;........



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