Constitution, Supreme Court and Regulation of Coal Sector in India

NUJS Law Review, Volume 11 Issue 1 (2018)

25 Pages Posted: 13 Dec 2018 Last revised: 17 Nov 2020

See all articles by M. P. Ram Mohan

M. P. Ram Mohan

Indian Institute of Management Ahmedabad

Shashi Kant Yadav

University of Surrey; Northumbria University

Date Written: February 19, 2018

Abstract

The paper maps four decades of coal sector litigation before the Supreme Court of India and draws a narrative on the constitutional contestation and the legal position as it stands today. Coal is one of the most important minerals from an economic perspective, accounting for over sixty percent of India’s energy requirement. The Constitution of India empowers both the Centre and states with legislative powers relating to regulation and control over mines and minerals, including coal. The coal sector has witnessed highly contested and protracted litigation with respect to law-making powers between the Centre and state governments, and this has impacted business and society in many ways. Through a mapping of judicial decisions of Supreme Court, the contested nature of governance of Indian coal sector is detailed in the paper. The Court has consistently maintained a greater responsibility of regulating mines and mineral development on the Union government. However, advocating sustainable use of coal resources, the Court emphasised that the regulatory power vested with Centre and states must have its basis on public interest and coal must be treated as a material resource of the community.

Suggested Citation

M. P., Ram Mohan and Yadav, Shashi Kant, Constitution, Supreme Court and Regulation of Coal Sector in India (February 19, 2018). NUJS Law Review, Volume 11 Issue 1 (2018), Available at SSRN: https://ssrn.com/abstract=3287023 or http://dx.doi.org/10.2139/ssrn.3287023

Ram Mohan M. P. (Contact Author)

Indian Institute of Management Ahmedabad ( email )

Vastrapur
Ahmedabad, Gujarat 380015
India

Shashi Kant Yadav

University of Surrey ( email )

Guildford
Guildford, Surrey GU2 5XH
United Kingdom

Northumbria University ( email )

Newcastle Upon Tyne
Newcastle Upon Tyne, NE1 8ST
United Kingdom

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