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Centre Files Curative Plea Against Mineral Tax Ruling as CJI Weighs January 2026 Hearing

The government seeks a priority hearing citing economic and international ramifications.

Overview

  • Solicitor General Tushar Mehta informed a bench led by Chief Justice Surya Kant that the Union has filed a curative petition challenging the nine-judge verdict on mineral taxation.
  • He requested that the curative plea be heard before more than 800 remitted appeals and other state petitions, with the CJI saying he will examine the records and take a call on listing.
  • CJI Surya Kant indicated he is considering taking up nine-judge matters from January 2026, noting that the proposal still needs discussion with other judges.
  • The July 25, 2024 ruling (8:1) held that royalty is not a tax and affirmed states’ power to tax mineral rights, and an August 14, 2024 order permitted recovery of dues from April 1, 2005 in 12 annual instalments from April 1, 2026 while waiving pre-judgment penalties and interest.
  • Industry estimates suggest retrospective exposure of roughly ₹1.5–2 lakh crore overall, including about ₹70,000 crore for PSUs, as the Court had dismissed the Centre’s review in October 2024.