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Supreme Court of India 2019-02-12 allowed

International Spirits and Wines Association of India vs State of Haryana and Others

Bench: 3 — Navin Sinha, K.M. Joseph

In Brief

The Supreme Court ruled that a Haryana rule creating a single state-wide L-1BF license for imported foreign liquor was invalid. The majority held that the power to determine the number of liquor licenses in any area belongs exclusively to the State Government and cannot be delegated to the Financial Commissioner. The Financial Commissioner's amendment to Rule 24(i-eeee) thus exceeded its authority. A dissenting judge argued that the Financial Commissioner's general power to regulate liquor sales included setting state-wide licensing numbers. The majority's decision struck down the single-license monopoly regime, allowing the appeal.

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Excise Law Constitutional Law Administrative Law Delegation of Powers Monopoly Liquor Licensing Fundamental Rights Article 14 Article 19

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