BJD Warns Of Supreme Court Move If Odisha Assembly Rejects MMDR Amendment Opposition

The Biju Janata Dal (BJD) may approach the Supreme Court if the Odisha Legislative Assembly fails to pass a resolution opposing the Centre's recent amendments to the Mines and Minerals (Development and Regulation) Act, senior party leader and former minister Pratap Jena said on Friday. The party is seeking an immediate discussion in the Assembly, arguing that the changes could affect Odisha's rights and revenue from its mineral resources. Jena said the BJD wanted the Odisha Assembly to debate the amendments and adopt a resolution against them. “If the Odisha assembly fails to pass a resolution in this regard, then we will go to the Supreme Court,” he said, stressing that the issue concerned the interests of Odisha rather than those of the BJD or the BJP.

He said the party would continue to raise the matter inside the Assembly and Parliament before considering legal action. The Mines and Minerals (Development and Regulation) Amendment Act, 2026 was passed by Parliament on August 13. Among its provisions, the legislation places restrictions on states' powers to impose taxes on mineral rights and mineral-bearing lands. The amended framework also gives the Centre powers relating to the regulation of mineral-bearing land, a provision that the BJD argues could weaken the state's authority over its mineral resources.

Jena said the BJD would also seek support from other mineral-rich states, including Jharkhand and Chhattisgarh, if necessary. He referred to the Supreme Court's 2024 nine-judge Constitution Bench judgment, which held that states have the power to levy taxes on mineral rights. The BJD believes the new legislation raises questions about the relationship between Parliament's power to regulate mineral development and states' constitutional authority over taxation and land. The party's opposition has also been backed by former Odisha chief minister and BJD president Naveen Patnaik, who has described the amendments as “anti-Odisha” and accused the Centre of taking away the state's rights over its mineral resources.

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The BJD has demanded an all-party meeting and a special session of the Odisha Assembly to discuss the legislation. Congress has also joined the BJD in seeking a special Assembly session, indicating wider opposition in the state to the amendments. The issue has particular significance for Odisha because the state is India's largest mineral-producing state, accounting for 43.7% of the country's total value of mineral production in 2024-25, excluding fuel and atomic minerals. Mining also contributes significantly to the state's revenue.

BJD leaders argue that restrictions on the state's taxation powers could therefore have a substantial financial impact on Odisha. BJD senior leader Debiprasad Mishra has also indicated that the party is examining the legal route, saying political agitation and court action could be pursued simultaneously. Jena said the party would first attempt to secure a resolution through the Assembly and build political pressure before approaching the Supreme Court if those efforts fail. The proposed legal challenge could place the 2026 amendments under scrutiny against the constitutional principles and the Supreme Court's earlier ruling on states' taxation powers.

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