Supreme Court Set to Revisit Mineral Rights Taxation

The Supreme Court will review pleas on mineral rights taxation on May 20. Previously, a nine-judge bench ruled that states hold the legislative power to tax mineral rights, not Parliament. The Centre's pending curative petition seeks reconsideration. A major verdict favored states recovering substantial dues from the Centre and companies.

The Supreme Court has scheduled May 20 for hearing pleas concerning the legislative power to tax mineral rights, following the Centre's announcement of a pending curative petition. This comes after a nine-judge bench previously affirmed states' rights to tax these interests, excluding Parliament under the constitutional framework.

This constitutional clarification arose from an 8:1 verdict in July 2024, asserting that Parliament lacks the authority to impose taxes on mineral rights. Despite the bench's dismissal of review pleas, the Centre seeks to challenge this through its curative petition.

On August 14, 2024, the court ruled in favor of mineral-rich states, allowing them the right to extract taxes and royalties on mineral rights from the Centre and mining entities. With staggered payments commencing in 2026, this decision significantly impacts revenue recovery efforts.