Breve historia de los calentadores solares

Most State Governments and political parties have not suggested any specific strucutral change in Entry 52 of List I. But, all of them complain that by enacting the Industries (Development and Regulation) Act, 1951 and amending it from time to time on the basis of declarations of public interest, the Union has indiscriminately taken over under its control most of the industries, with consequent denudation of the powers of the State Legislatures under Entry 24 of List II. They have suggested that the first Schedule to the IDR Act should be reviewed from time to time and those items, Union control over which is no longer expedient in the public interest, should be deleted therefrom. Some of them have given a list of specific items of industries which, they suggest, should be deleted from the first Schedule to the Act. One State Government after stating that 'the Union has tended to touch the State legislative field by invoking the powers available under Entires 52, 54 and 92 etc. in List I', has asked for a general review of the Entries in the three Lists. Only two State Governments have specifically demanded structural changes in Entry 52, List I and Entry 24, List II of the Seventh Schedule. One of them has suggested that Entry 24, List II should be reformulated so as to read: “Industries other than those specified in Entries 7 and 52 of List I”. It has further urged that Entry 52, List I be substituted by a new Entry, which by itself, will enumerate the “core

industries of crucial importance for national development” and that the words which enable Parliament to take over the field of Entry 24, List II by making a declaration of public interest, should be deleted. A list of such “Core industries” has been suggested for insertion in the new Entry 52. Another State Government has suggested that Entry 52 should be modified to limit Union's control to specified key, basic and strategic industries enumerated in the Entry itself. It has also given a list of such industries for incorporation in Entry 52. In short, the suggestion is that Entry 52, List I and Entry 24, List II should be so restructured as to become mutually exclusive and independent.

2.10.51 We have in a foregoing paragraph considered the proposal of the State Government for restructuring Entry 7, List I. We have dealt with, in detail, the issues and problems in the context of Union- State relations, concerning the various aspects of Entries 52 of List I and Entry 24 of List II in Chapter XII on “Industries”. At this place, the focus of the discussion will primarily be on the demand for restructuring these Entries.

2.10.52 The Constitutional position is that when Parliament by law declares under Entry 52, List I that Union control over a particular industry is expedient in the public interest and passes a legislation pursuant to such declaration, such industry, to the extent laid down in the declaration, and the legislation, becomes the exclusive subject of legislation by Parliament, with corresponding denudation of the competence of the State Legislatures under Entry 24, List II. By making the requisite declaration under Entry 52, List I Parliament passed the Industries (Development and Regulation) Act, 1951. This Act has been amended several times in the same manner. The result is that the competence of the State Legislatures under Entry 24, List II with respect to a very large number of industries enumerated in the First Schedule of the IDR Act, has been taken away to the extent laid down in this Act.

2.10.53 There are three important objectives of National Industrial Policy which stem from the Directives enshrined in Articles 38 and 39 of the Constitution. One is to secure dispersal of industries in a manner which would held correct regional imbalance. The other is encouragement and protection of small- scale industries. The third is curbing of monopolies. Regulation and control at the national level of the establishment, growth and development of certain industries or some of their aspects, having a nation-wide significance, is necessary for ensuring progress towards the welfare goals of governmental policy envisioned by the Constitution. Identification of such industries of nation-wide significance and public interest, from those which are not of such interest, is essential for implementation of this policy.

2.10.54. Since socio-economic conditions are never constant, industries cannot be classified once-for-all into those which are of public interest/or national importance and which are not of such interest or importance. 'Public interest' or 'national interest' are not static notions. They are dynamic concepts. Union control of any industry considered expedient in public interest, today, may not be so regarded in future. Concepts keep changing with change in cirucumstances. Enumeration of specific industries in Entry 52, itself is thus neither feasible no desirable. The Entry has advisedly left it to Parliament to determine by law from time to time as to whether Union control over a particular industry would be expedient in the public interest.

2.10.55 However, this is not to say that once an industry has been so brought by Parliament by law under the control of the Union by including it in the enactment, (in the instant case in the First Schedule to the IDR Act), it should remain there for ever. We have in Chapter XII on “Industries”, emphasised the need for periodic review of laws enacted under Entry 52, List I.

2.10.56 We have recommended that Chapter35 that there should be a review, every three years, to

determine whether, in respect of any of the industries in question, the Union's control should be continued or relaxed. Such a review may be undertaken by a committee of experts, on which State Governments should be represented on a zonal basis. The result of the review may also be placed before the National Economic and Development Council proposed by us. This will help foster the needed coordination and co- operation between the Union and the States.

2.10.57 This will go a long way in ensuring that at any point of time, only such industries are kept within the purview of this Act, Union control of which is essential in the public or national interest. As we are of the view that the remedy of the problem lies not in enumeration of specific industries of national or

public interest in Entry 52, itself, but in effective periodic review of the list of industries included in the IDR Act (or any other Act passed under Entry 52, List I), we do not recommend amendment of this Entry

itself, as suggested. The necessity of making any consequential change in Entry 24, List II also, does not arise.

2.10.58 Entry 53, List I—“Regulation and development of oil-field and mineral oil resources: