Abstract
In 2018, the Indian government produced a draft mineral policy for non-fuel minerals (DMP). By analysing some interesting features of the policy concerning the grant of mining rights, the use of mineral receipts and the participation of local communities in land use decision making, this piece evaluates (i) how well the policy recognizes constitutional principles of public trust over mineral resources, intergenerational equity and sustainable development, (ii) the policy’s lack of practical mechanisms for substantively implementing those principles, and (iii) suggests practical implementation mechanisms within the policy for advancing public trust and intergenerational equity.
Highlights
TO THE DRAFT MINERAL POLICYIn 2018, the Indian government produced a draft mineral policy for non-fuel minerals (DMP).[1]
By analysing some interesting features of the policy concerning the grant of mining rights, the use of mineral receipts and the participation of local communities in land use decision making, this piece evaluates (i) how well the policy recognizes constitutional principles of public trust[2] over mineral resources,[3] intergenerational equity[4] and sustainable development, (ii) the policy’s lack of practical mechanisms for substantively implementing those principles, and (iii) suggests practical implementation mechanisms within the policy for advancing public trust and intergenerational equity
Facilitation of doing business is prioritized throughout the policy over any meaningful regulation of private interests that continue to loot the country of its national wealth
Summary
In 2018, the Indian government produced a draft mineral policy for non-fuel minerals (DMP).[1]. The DMP extends an example of the tense balance India plays over attracting private concessionaires and implementing its constitutional duties on public trust and intergenerational equity. Local states have had been forced to rethink mining rights for public interest reasons, for example in Orissa Mining[5].
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