Kerala High Court Strikes Down Minerals Law, Orders Refunds

The Kerala High Court has invalidated the Kerala Minerals (Vesting of Rights) Act, 2021, ruling it unconstitutional and beyond the legislative competence of the State. The court found that the Act violated Article 300A of the Constitution, which protects individuals from being deprived of their property without the authority of law. It also directed the State to refund the royalties collected from petitioners under the now-invalidated legislation.

Court Rejects State's Claim Over Malabar Minerals

The 2021 legislation aimed to transfer ownership of mineral rights in Kerala's Malabar region to the State, requiring landowners to pay royalties on granite extracted from their quarries. However, petitioners challenged the law, arguing that the State lacked the authority to claim ownership of minerals without specific legislation to that effect. They also sought refunds for royalties already paid.

The State defended the Act, asserting its authority under existing mining and mineral laws to impose royalties as a condition for permits. It argued that the legislation was designed to secure community ownership of mineral resources and ensure equitable distribution. However, the Division Bench of Justices A.K. Jayasankaran Nambiar and A.K. Preetha rejected this argument, ruling that the State lacked jurisdiction over mineral rights, which fall under the Centre's domain.

Violations of Constitutional Rights

The court further observed that the Act infringed upon fundamental rights, including equality, freedom of profession, and the right to life. It ruled that the legislation failed to uphold these constitutional guarantees, further cementing its decision to strike down the law.

CPI(M) Calls for Appeal in Supreme Court

In response to the verdict, the Communist Party of India (Marxist) has urged the State government to challenge the High Court's decision in the Supreme Court. The party argued that the invalidated legislation was aligned with constitutional principles of ensuring collective control and distribution of natural resources. It maintained that while mineral ownership lies with landowners, the government should retain control over mining and distribution for the greater public good.

This ruling has significant implications for landowners in the Malabar region, who are now entitled to refunds, and raises questions about the State's regulatory authority over natural resources.

Source: The Hindu