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Tribal minister Kishore Chandra Deo to urge governors to use special powers to cancel mining leases in tribal areas -Subodh Ghildiyal

-The Times of India

After ordering cancellation of mining lease in tribal areas of Andhra Pradesh, tribal affairs minister Kishore Chandra Deo is set to raise hackles by writing to governors to invoke their special powers in the defence of indigenous population.

Deo plans to exhort Raj Bhavans to use their constitutional powers under Article 244 by which they can stop implementation of a law or contract if it goes against their interests.

"I intend to ask governors to look at all the leases or contracts in tribal areas that violate laws and cancel them," he told TOI.

The proposed missive follows the unprecedented direction from the Union tribal affairs ministry to Andhra Pradesh to cancel seven mining leases in Vishakhapatnam district on September 28. It found that bauxite mining lease signed by the state with AP Mineral Development Corporation violated the law which prevented the sale or lease of land owned by tribals to non-tribals.

The unusual central intervention followed the refusal of the state governor to act on the tribal ministry's advice to invoke special powers to cancel these leases.

Instead of obliging Deo, the Raj Bhavan referred the tribal ministry's suggestion for cancellation of leases to the Union home ministry, arguing that accepting the direction could create legal complications. A riled Deo and tribal ministry then ordered cancellation of leases by invoking their power under the 5th schedule.

The idea to follow up on lease cancellation by urging Raj Bhavans to turn activist could rile the states. The Centre has concluded that governors are not bound by the advice of states in administering tribal regions, setting these special powers apart from their other functions which are bound by the advice of the state cabinet. However, governors have never used these powers in 60 years.

His cancellation orders may have created a ripple, with criticism that the Centre was treading on the toes of states, but Deo insists he is only going by the book to defend tribal interests.

"What are these powers with governors for if they are not to be used," he said, adding, "The Andhra governor abdicated his responsibility by not cancelling these orders and the ministry had to do it." He said he also wanted a national debate if these powers should remain at all since they were not being used.

Deo wrote to the Andhra chief minister that bauxite ore mining in Vishakhapatnam was environmentally dangerous as it would destroy the source of three rivers - Gosthani, Champavati and Sarada -- which are the main sources of irrigation and drinking water for Vizianagaram and Vishakhapatnam districts.