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LATEST NEWS UPDATES | Supreme Court dampens govt hope of mining resumption in Goa -Dhananjay Mahapatra

Supreme Court dampens govt hope of mining resumption in Goa -Dhananjay Mahapatra

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published Published on Sep 19, 2013   modified Modified on Sep 19, 2013
-The Times of India


NEW DELHI: The Supreme Court on Wednesday said considerations of faster economic growth could not be the sole criterion for determining the legality of the ban it has imposed on mining activities in Goa, in remarks which immediately hiked the suspense on what it might do with the desperate pleas to allow resumption of mining which has been the mainstay of the state's economy.

In a sharp rejoinder to the Centre's stand in Parliament that court-mandated ban on iron ore mining in Goa was adversely affecting the economy, the Supreme Court on Wednesday said judges were oath bound not to uphold privatization policies which breached constitutional principles.

Referring to news items and editorials on the effect of mining ban on the economy, a bench of Justices A K Patnaik, S S Nijjar and F M I Kalifulla said media was concerned only about GDP and economic growth but not about constitutional principles.

"What about right to life guaranteed under Article 21 of the Constitution and the jurisprudence developed on this issue over the years," the bench asked. It felt that most pro-mining reports appearing in the media were inspired by lobbies working intensely for economic policies and development without co-relating it to rule of law and constitutionality of policies.

The hearing is happening against the grim backdrop of the severe impact of the mining ban on Goa's economy, and the desperate expectation in the state and the government that the court would consider relaxing the prohibition which, the Centre says, contributed to the worsening of the current account deficit.

Appearing for PIL petitioner 'Goa Foundation', advocate Prashant Bhushan agreed with the bench and said the country had witnessed similar developments when the Radia tapes came into public domain. "Lobbyists are giving what is to be written in editorials. We saw it in Niira Radia tapes," he said.

The bench said, "One editorial, we are not naming it, talks of the (fiscal) environment and the ban on mining. It has absolutely no idea about constitutional principles." Bhushan said, "GDP has become basic structure of Constitution. All other principles are considered subservient to it."

The court referred to Directive Principles chapter in Part IV of the Constitution and focused on Article 38, which asks the government to remove inequalities among citizens, and Article 39 providing for a slew of welfare principles, including "operation of the economic system does not result in the concentration of wealth and means of production to the common detriment", as guiding principles for governance.

Abhorring the mindless imitation of policies adopted by western countries, the bench said, "America does not have Part IV of our Constitution. It talks of Directive Principles. Principles laid down in Part IV are fundamental in law making. In America, these principles are not there. Western policies have to be looked from that angle.

"These principles are not enforceable. Nevertheless, they are fundamental to the governance of the country. It binds the state to apply these principles in law making. We have taken oath to uphold Constitution and not western policy."

Bhushan said their argument was that stay on mining had brought down the economy. The bench said, "Many senior lawyers are appearing on this side, Mr (K K) Venugopal, Mr (Arvind) Datar, and additional solicitor general Mr (Rakesh) Khanna. Please tell us how are we to read Constitution Part IV. Do we discard it? There is privatization in the country but privatization has to go along with constitutional provisions.

"Or else amend it (the Constitution) or scrap Part IV and then we may go forward. But with Part IV still there, we have to interpret Article 21 in the light of Part IV."


The Times of India, 19 September, 2013, http://timesofindia.indiatimes.com/home/environment/developmental-issues/Supreme-Court-dampens-govt-hope-of-mining-resumption-in-Goa/articleshow/22729503.cms


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