India's Decades-Old Mineral Tax Tussle: Centre Urges Supreme Court to Act
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- November 28, 2025
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Imagine a legal battle that's been dragging on for two decades, holding up potentially thousands of crores in revenue and causing endless headaches across the nation. Well, that's precisely the situation India finds itself in regarding who truly gets to tax minerals – is it the central government or the individual states?
The Union government has just made an urgent, earnest plea to the Supreme Court, essentially saying, 'Enough is enough, let's finally decide this once and for all!' At the very heart of this constitutional conundrum is a crucial question: do state governments genuinely possess the power to levy taxes or royalties on mining leases within their borders, or does that authority rest solely with Parliament?
We're certainly not talking about pocket change here. The sums involved in this ongoing dispute are nothing short of staggering, potentially running into thousands of crores of rupees. This prolonged, unresolved issue creates immense financial uncertainty for both state treasuries, which are eager for revenue, and the entire mining industry, which craves stability. Think of the legal limbo, the halted projects, the missed revenue opportunities – it’s a significant, palpable burden on the nation's economic landscape.
This isn't some new skirmish, mind you. This particular plea has been knocking around the Supreme Court for an incredible twenty years. Back in 2004, a nine-judge bench first referred it to an even larger bench for deeper consideration, and then again in 2011. It's almost like a legal hot potato that no one's quite managed to definitively grasp and resolve, leading to a frustrating cycle of anticipation and delay.
The Centre's argument is fairly straightforward and, they believe, compelling: Parliament, through the Mines and Minerals (Development and Regulation) Act of 1957 (the MMDR Act), has already stepped in to comprehensively regulate mineral development. Their position is that once Parliament legislates on such a crucial subject, states generally lose their concurrent power to impose taxes on the same matter. Conversely, states vigorously point to Entry 50 of the State List in the Seventh Schedule of the Constitution, which, in their view, explicitly grants them the power to tax 'mineral rights.' It's a classic, intricate federalism tug-of-war, with both sides citing constitutional authority.
Solicitor General Tushar Mehta, representing the Union government, isn't just asking for a hearing; he's stressing the sheer, undeniable urgency of the matter. He argues, quite convincingly, that this prolonged ambiguity isn't merely an academic debate; it inevitably leads to a cascade of litigation, creating immense confusion and, critically, hindering the sustainable growth and stability of India's vital mining sector. Getting a definitive, clear answer from the apex court would, hopefully, bring much-needed clarity and allow all parties – states, Centre, and industry – to move forward with certainty and confidence.
So, as the Supreme Court considers this impassioned plea for an urgent hearing, the nation waits, collectively hoping that this decades-old legal knot can finally be untangled. The outcome, whenever it arrives, will undoubtedly have far-reaching implications for India's federal structure, the financial health of state revenues, and, crucially, the future development and management of its vital mineral resources.
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