Party may move SC if Odisha assembly fails to oppose MMDR amendments: BJD

Former minister and senior Biju Janata Dal (BJD) leader Pratap Jena on Friday said that if efforts to persuade the Bharatiya Janata Party (BJP) against its recent amendments to the Mines and Minerals (Development and Regulation) Act fail in the assembly, his party may approach the apex court.

Speaking to HT, Jena said his party is seeking an immediate discussion in the Odisha assembly and a resolution to be passed against the MMDR amendment.

“If the Odisha assembly fails to pass a resolution in this regard, then we will go to the Supreme Court. This is not just the BJP’s interest or the BJD’s interest. It is Odisha’s interest. We will fight for the interest of the state,” Jena said.

“We will fight inside the assembly. We will fight in Parliament with whatever strength we have. We will build pressure. If necessary, we will also speak to other mineral-rich states like Jharkhand and Chhattisgarh . If nothing happens, then we will do whatever is necessary even if that means going to the Supreme Court. The Supreme Court’s 2024 judgment was delivered by a nine-judge Constitution Bench which held that states have the right to levy taxes on mineral rights. If we approach the Supreme Court, we are hopeful (of a positive verdict),” he said.

The Mines and Minerals (Development and Regulation) Amendment Act, 2026 passed in Parliament on August 13 provides for restrictions on states’ powers to tax mineral rights and mineral bearing lands.

Also Read: MMDR Amendment Bill 2026: Unlocking mineral potential, empowering states

The Statement of Objects and Reasons of the Bill notes that uneven imposition of taxes and other levies by states in the absence of reasonable limitations has led to several issues.

The Act empowers the Central government to control the regulation of mines and development of minerals. The Bill adds that the Central government will also be empowered to regulate mineral bearing lands.

Mineral bearing land is defined as any land having mineral contents in accordance with parameters prescribed by the Central government. Though land is a state subject under Entry 18 of the State List and gives state legislatures the power to tax land (Entry 49 of the State List), the amended Act adds that mineral-bearing lands will also be under the Central government’s control.

BJD chief and former CM Naveen Patnaik released a series of video messages describing the MMDR amendment as “anti-Odisha” and accused the Centre of taking away the state’s rights over its mineral resources. The BJD demanded an all-party meeting and a special session of the Odisha assembly to oppose the legislation.

Jena’s party colleague and senior BJD leader Debiprasad Mishra also said that his party is examining the judicial option. “But we have to adopt different methods. Political agitation is one way and legal action is another.