Govt moves SC against verdict on mineral taxation rights, Pg9.
Centre challenges SC verdict on mineral taxation, asserting Parliament's power; curative petition filed regarding legislative competence over mineral rights.
The Central Government has filed a curative petition in the Supreme Court against the verdict on mineral taxation rights.
A nine-judge bench had previously ruled in an 8:1 majority that states have the legislative power to tax mineral rights.
The Supreme Court had dismissed pleas seeking review of its July 25, 2024 verdict.
The court allowed mineral-rich states to recover royalty and tax dues on mineral rights from April 1, 2005, over 12 years.
Detailed Insights:
The core issue revolves around the legislative competence to tax mineral rights, specifically whether it lies with the Parliament or the state legislatures.
The Solicitor General informed the court about the curative petition, indicating the Centre's serious concerns regarding the previous verdict.
The previous verdict stated that Parliament can still legislate to impose limitations on the power of states to levy tax on mineral rights.
Justice B V Nagarathna dissented, stating that royalty is a tax and the Centre has the power to levy it.
Key Concepts Involved:
Curative Petition: A petition filed in the Supreme Court seeking reconsideration of a final judgment.
Mineral Rights: Rights to exploit and extract minerals from a piece of land.
Legislative Competence: The power granted to a legislative body to enact laws on a particular subject.