Party may move SC if Odisha assembly fails to oppose MMDR amendments: BJD

A political standoff is brewing in Odisha over proposed amendments to the Mines and Minerals (Development and Regulation) Act, with the ruling Biju Janata Dal (BJD) threatening to take the issue to the Supreme Court if the state legislature does not act decisively. Former minister and senior BJD leader Pratap Jena stated that his party would consider approaching the apex court if efforts to dissuade the central government from implementing the changes fail within the assembly. The Mines and Minerals (Development and Regulation) Amendment Act, 2026, passed by Parliament on August 13, introduces restrictions on states' ability to impose taxes on mineral rights and mineral-bearing lands. According to Jena, the BJD seeks an urgent discussion in the Odisha legislative assembly and a formal resolution opposing the amendment. He emphasized that the issue transcends party interests, framing it as crucial to the state's economic welfare. "If the Odisha assembly fails to pass a resolution in this regard, then we will go to the Supreme Court," Jena said during an interview. He noted that the Supreme Court had previously ruled in 2024 that states retain the right to levy taxes on mineral rights. Should the BJD proceed with legal action, they anticipate a favorable outcome based on past judicial precedents. The amendment grants the central government expanded authority to regulate mining activities and mineral-bearing lands. While land falls under the state list, the new provisions place mineral-bearing lands under central jurisdiction. This shift could significantly impact states like Odisha, which relies heavily on mineral revenues. BJD chief and former Chief Minister Naveen Patnaik has criticized the amendment as anti-Odisha, accusing the central government of undermining the state's autonomy over its mineral wealth. The BJD has called for an all-party meeting and a special session of the Odisha assembly to formally oppose the legislation. Senior BJD leader Debiprasad Mishra added that the party is exploring both political and legal avenues to challenge the amendment. He argued that despite becoming law, the amendment contradicts the spirit of previous Supreme Court rulings. The party is considering engaging with other mineral-rich states such as Jharkhand and Chhattisgarh to build a broader coalition against the policy change. Odisha stands as the leading mineral-producing state in India, contributing nearly 43.7% of the nation's total mineral output in 2024-25. Mining accounts for approximately 21% of the state's revenue. However, the state faced setbacks when its attempt to collect mineral rents was halted by the Orissa High Court in 2005, with the appeal remaining pending before the Supreme Court since 2006. Industry experts estimate that Odisha incurs an annual loss of around ₹12,000 crore due to these legal uncertainties, with outstanding dues exceeding ₹1 lakh crore. Senior advocate Laxmikant Pangari highlighted the complexity of the situation, noting the interplay between state and central jurisdictions regarding mineral taxation. The BJD's stance reflects growing concerns among states about losing control over their natural resources. With the central government expanding its regulatory reach, the debate over federal versus state powers in resource management intensifies. As the Odisha assembly prepares to deliberate on the matter, the potential for legal challenges looms large, signaling a possible escalation in the conflict over mineral governance in India.