Former minister and senior Biju Janata Dal (BJD) leader Pratap Jena on Friday said that if efforts to persuade the Bharatiya Janata Party (BJP) against its recent amendments to the Mines and Minerals (Development and Regulation) Act fail in the assembly, his party may approach the apex court.
“If the Odisha assembly fails to pass a resolution in this regard, then we will go to the Supreme Court. This is not just the BJP’s interest or the BJD’s interest. It is Odisha’s interest. “We will fight inside the assembly. We will fight in Parliament with whatever strength we have. We will build pressure. If necessary, we will also speak to other mineral-rich states like Jharkhand and Chhattisgarh . If nothing happens, then we will do whatever is necessary even if that means going to the Supreme Court. The Statement of Objects and Reasons of the Bill notes that uneven imposition of taxes and other levies by states in the absence of reasonable limitations has led to several issues. The Act empowers the Central government to control the regulation of mines and development of minerals. The Bill adds that the Central government will also be empowered to regulate mineral bearing lands.
The Supreme Court’s 2024 judgment was delivered by a nine-judge Constitution Bench which held that states have the right to levy taxes on mineral rights. The Mines and Minerals (Development and Regulation) Amendment Act, 2026 passed in Parliament on August 13 provides for restrictions on states’ powers to tax mineral rights and mineral bearing lands. “The SC held that Parliament may, through a law relating to mineral development, impose limitations on states’ power to tax mineral rights under Entry 50. However, this power does not extend to the states’ power to tax land under Entry 49. Entry 54 of the Union List enables Parliament to regulate mines and mineral development. However, the Supreme Court clarified that Entry 54 is a general regulatory power, and Parliament’s power to impose restrictions under a mineral development law operates only on the taxation of mineral rights, not on the taxation of land.
Speaking to HT, Jena said his party is seeking an immediate discussion in the Odisha assembly and a resolution to be passed against the MMDR amendment. We will fight for the interest of the state,” Jena said. If we approach the Supreme Court, we are hopeful (of a positive verdict),” he said. Parliament may not have the legislative competence to regulate mineral bearing land and the Act raises serious questions on federal character of our country,” he said.
