Biplove Kumar

Nov 29, 2024 | countercurrents.org | Madabhushi Sridhar |Hiren Gohain |Vinod Kumar Edachery |Biplove Kumar

Legally speaking, serious implications are dealing with private property rights. It is around the Constitutional Directive Principle of State Policy, especially Article 39(b) of the Constitution. A nine-bench Supreme Court held that the government “cannot acquire” and redistribute all privately-owned property by simply deeming them as “material resources of the community” under Article 39(b) of the Indian Constitution.

Aug 23, 2024 | countercurrents.org | Hiren Gohain |Vinod Kumar Edachery |Biplove Kumar |Sankara Narayanan

“The payments made to the Government cannot be deemed to be a tax merely because the statute provides for their recovery as arrears”. This is the significant judgment of the Supreme Court on July 29, 2024. How the states need to distribute of legislative powers between the Union and the States on the taxation of mineral rights is an important Constitutional aspect.