Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2024 (11) TMI SC This

  • Login
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

2024 (11) TMI 340 - SC - Indian Laws


Issues Involved:
1. Validity of the Explanation to Rule 38 of the Mineral Concession Rules, 2016 (MCR, 2016) and Rule 45(8)(a) of the Mineral Conservation and Development Rules, 2017 (MCDR, 2017).
2. Alleged compounding or cascading effect of royalty computation.
3. Differential treatment in royalty computation between coal and other minerals like iron ore.
4. Alleged violation of Article 14 of the Constitution due to arbitrary policy.

Issue-wise Detailed Analysis:

1. Validity of the Explanation to Rule 38 of MCR, 2016 and Rule 45(8)(a) of MCDR, 2017:
The petitioners challenged the validity of these provisions, arguing that they lead to a compounding effect in royalty computation, as they do not allow deductions for previously paid royalty and contributions to the District Mineral Foundation (DMF) and National Mineral Exploration Trust (NMET). The court examined whether these provisions were unreasonable or manifestly arbitrary, potentially violating Article 14 of the Constitution. The court concluded that the Explanations are clarificatory, explaining ambiguities in the main provisions, and do not exceed the statutory scheme's ambit.

2. Alleged Compounding or Cascading Effect of Royalty Computation:
The petitioners contended that the Explanations lead to a cascading effect, where royalty is charged on previously paid royalty, DMF, and NMET contributions, resulting in a "royalty on royalty" situation. The court noted that policy decisions, especially those involving economic matters, are the domain of the executive and legislative branches. It emphasized judicial restraint, stating that courts should not interfere with policy decisions unless they exceed legal boundaries or infringe on constitutional rights. The court found no statutory violation in the policy and therefore did not strike down the provisions.

3. Differential Treatment in Royalty Computation Between Coal and Other Minerals:
The petitioners argued that excluding previously paid royalty and contributions for coal but not for other minerals like iron ore is arbitrary and violates Article 14. The court acknowledged the anomaly but noted that economic policies require flexibility and deference to legislative judgment. It highlighted that the legislature has the discretion to determine royalty computation methods for different minerals. The court recognized the ongoing public consultation process to address the anomaly and refrained from declaring the provisions unconstitutional.

4. Alleged Violation of Article 14 Due to Arbitrary Policy:
The petitioners claimed that the differential treatment in royalty computation violates Article 14, which ensures equality before the law. The court reiterated that economic policies should be viewed with greater latitude, allowing the legislature some "play in the joints" due to the complexity of economic issues. It emphasized the need for judicial deference in economic matters, provided there is no breach of constitutional or statutory provisions. The court urged the respondents to conclude the public consultation process and address the anomaly in royalty computation.

Conclusion:
The court granted the respondents two months to finalize the public consultation process and take a decisive call on the cascading impact of royalty in the calculation of the average sale price. It refrained from striking down the provisions but allowed the petitioners to challenge the final policy decision after the consultation process concludes. The matter will be reviewed by an appropriate Bench after two months to ensure compliance with the court's directions.

 

 

 

 

Quick Updates:Latest Updates