Pratap Jena, a former minister and senior leader of the Biju Janata Dal (BJD), announced on Friday that his party may take legal action if negotiations with the Bharatiya Janata Party (BJP) regarding recent changes to the Mines and Minerals (Development and Regulation) Act do not succeed in the assembly. Jena emphasized the importance of addressing these amendments, indicating that the BJD is prepared to escalate the matter to the Supreme Court if necessary.
“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 BJD demanded an all-party meeting and a special session of the Odisha assembly to oppose the legislation. “But we have to adopt different methods. Political agitation is one way and legal action is another.
Because it negates the very spirit of the Supreme Court’s earlier pronouncement,” he said, even though it has become an Act, it can still be challenged. 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. If we approach the Supreme Court, we are hopeful (of a positive verdict),” he said. BJD chief and former CM Naveen Patnaik released a series of video messages describing the MMDR amendment as “anti-Odisha” and accused the Centre of taking away the state’s rights over its mineral resources. Jena’s party colleague and senior BJD leader Debiprasad Mishra also said that his party is examining the judicial option. 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.
