Revision petition, ordinance in pipeline to resume mining in Goa: Minister
Panaji, May 26: The Central government will soon file a revision petition in the Supreme Court seeking direction to resume mining operations in Goa, which stands banned following directions from the apex court in March this year, a Union Minister said on Saturday.
Talking to reporters at the Bharatiya Janata Party (BJP)'s state headquarters here, Union Minister of State for AYUSH Shripad Naik said an ordinance could also be issued by the Centre to pave the way for resumption of mining activity in the state.
"We are working hard to resume mining in Goa. Work is on fast-track. The state government is in touch with the Centre over the issue," Naik told the media.
"The (option of) ordinance is also there. It is a matter of livelihood of our people. We have convinced the Centre about our case."
On March 15 this year, the Supreme Court had banned all mining activity, including transportation of iron ore from Goa's 88 mining leases, and directed the state government to re-issue the leases.
Mining was first banned in 2012 following a series of ban orders from the state government, central government and the Supreme Court, after a Rs 35,000-crore illegal mining was revealed by a judicial commission.
The ban was later lifted in 2014, but the apex court while reprimanding the state government over hurried renewal of mining leases in favour of same mining companies linked to the scam, scrapped all the 88 operational mining leases, and directed the state government to issue the leases afresh as per the Mines and Minerals Development and Regulation Act, which mandates auctioning of major mineral resources.
The mining ban has resulted in a lot of pressure on the ruling parties, with locals residing in the mining belt -- which is spread over nearly one-third of the 40 assembly constituencies -- urging their elected representatives to resume operations at the earliest.
Earlier this week, Vijai Sardesai, Town and Country Planning Minister in the BJP-led coalition government and president of the Goa Forward Party, issued a warning to the BJP that his party would rethink supporting the BJP in the forthcoming Lok Sabha elections if the mining crisis was not resolved at the earliest.
The BJP has 14 MLAs in the 40-member Goa Legislative Assembly and currently occupies the treasury benches with the help of three MLAs each from Goa Forward Party and the Maharashtrawadi Gomantak Party, as well as three Independent MLAs.
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SC upholds inclusion of ‘secular, socialist’ in Preamble of Constitution
New Delhi: The Supreme Court on Monday upheld the inclusion of the words ‘socialist’ and ‘secular’ in the Preamble of the Constitution, confirming their retrospective application from November 26, 1949. The court ruled that the power to amend the Constitution under Article 368 extends to the Preamble, which is an integral part of the document.
A Bench led by Chief Justice of India Sanjiv Khanna stated, “The power under Article 368 cannot be curtailed. It will equally apply to the Preamble.” The 42nd Constitutional Amendment, which introduced these terms in 1976 during the Emergency, was challenged on grounds of its retrospective application and the lack of states’ ratification.
The petitioners, including BJP leader Subramanian Swamy, argued that the amendment forced a particular economic theory on the nation and violated the original intent of the Constitution. Advocate Ashwini Kumar Upadhyay contended that the Preamble reflects the will of the people at the time of adoption in 1949 and is therefore unalterable.
The court dismissed these objections, affirming that both socialism and secularism are part of the Constitution's Basic Structure. The Bench clarified that socialism refers to a welfare state ensuring equality of opportunity without negating private sector participation or individualism. It emphasised that secularism is embedded in the Constitution, particularly in the principles of equality and fraternity.
Chief Justice Khanna remarked, “Secularism has always been a core feature of the Constitution.” He added that the amendment did not impose socialism as dogma but aligned with the welfare goals enshrined in various constitutional provisions.
