Tobacco manufacturers are cock-a-whoop over Gauhati High Court’s recent order striking down the law ected by Assam Assembly in July 2013 that had banned sale, manufacture and consumption of all forms of smokeless tobacco, including zarda, gutkha and pan masala. The HC divisiol bench has now ruled that this law is ultra vires of the Constitution. Assam was the first State to have brought in such a law, but the High Court order means the State legislature had no competence to make the law. Tobacco manufacturing firms successfully argued in court that when the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (or COTPA 2003) ected by Parliament is already in force throughout the country, the Assam Assembly cannot pass a separate law that violates the Central law. The pin-point, consistent legal reasoning put forth by the tobacco manufacturers has helped them win the day, which was only to be expected. After all, Pat High Court last year had struck down on similar grounds a Bihar government notification banning the sale of tobacco products like pan masala, zarda, scented supari and tobacco. Tobacco manufacturers had then argued that tobacco products cannot be banned by any executive instruction, but only through policy decision implemented by ‘appropriate legislation’. The States can neither pass orders nor ect laws to ban tobacco products, only the Centre can do this if Parliament passes such a law — so goes the tobacco manufacturers’ line. Thus, if it ever comes to banning tobacco products, smokeless or smoking, it will be strictly the Union government’s call. But will a government at the Centre ever do this? The tobacco farmer lobby will staunchly oppose any such move. And leaving aside the undoubted clout of tobacco manufacturers, the government too rakes in handsome revenues by taxing tobacco products. In most Union and State budgets, tobacco products have been fair game with ever higher tax rates slapped year after year. Under GST regime presently, tobacco products are not only placed in the highest 28 percent tax slab, but also attract additiol cess. Has the heavy taxation deterred tobacco users? Not one bit!