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Mining amendment is unfair to States

17 Sep 2026
2 min

India's Mineral Wealth and the MMDR Amendment Act, 2026

India's mineral wealth is predominantly concentrated in states such as Odisha, Jharkhand, Chhattisgarh, and Karnataka. These states possess substantial reserves of coal, iron ore, and other minerals crucial for Indian industries.

Benefits and Challenges of Mining

  • Mining attracts investment and generates employment opportunities.
  • States face challenges like displacement of communities, environmental degradation, infrastructural strain, and irreversible extraction of minerals.

The Mines and Minerals (Development and Regulation) Amendment Act, 2026

The central focus of the amendment is Section 9D, which limits state governments from imposing taxes or levies on mineral rights and mineral-bearing lands, except under conditions set by the central government.

  • The central government argues this creates a stable tax environment, prevents excessive levies, and encourages long-term mining investments.
  • States are concerned about future revenue limitations and the impact on their budgets, heavily reliant on mining.

Economic and Constitutional Implications

  • NITI Aayog’s Fiscal Health Index highlights the significance of mining receipts in states like Odisha and Chhattisgarh.
  • The Constitution allows states to tax mineral rights (Entry 50, State List), but Parliament can impose related limitations.
  • A 2024 Supreme Court ruling recognized states' legislative power to tax mineral rights, distinguishing royalty from tax.
  • The 2026 Amendment may undermine this ruling, raising concerns about central vs. state taxation powers.

Federal Concerns and Broader Implications

  • The amendment raises issues about the Union-State relationship, questioning the balance of responsibilities and financial autonomy.
  • States bearing the costs of mining should retain significant economic benefits from natural resource exploitation.
  • The MMDR Amendment debate should focus on balancing investment promotion with preserving state fiscal autonomy.

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State fiscal autonomy

The degree of financial independence that state governments possess in their revenue generation and expenditure decisions. The article argues that states bearing the costs of mining should retain significant economic benefits and fiscal control over natural resource exploitation.

Union-State relationship

The constitutional and functional interdependencies between the central (Union) government and the state governments in India, particularly relevant for law enforcement where policing is a state subject.

Royalty vs. Tax

The distinction between royalty, which is a payment for the use of a natural resource, and tax, which is a compulsory contribution to state revenue. A 2024 Supreme Court ruling, as mentioned in the article, recognized states' power to tax mineral rights, differentiating it from royalty payments.

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