Supreme Court decision regarding the leasing of tribal lands for mining and industrial purposes to non-tribal persons. Social action group appealed a high court ruling for the State of Andhra Pradesh on behalf of the affected tribal persons and argued that the leasing of tribal lands for mining purposes violated the Fifth Schedule of the Indian Constitution.
All mining leases that had been granted by the State of Andhra Pradesh were considered null and void. The State is also enjoined from granting further leases. Mining activity can only be operated by the State Mineral Development Corporation or a cooperative of tribal persons. The State of Andhra Pradesh’s subsequent appeals were dismissed by the Supreme Court. Since the Supreme Court’s judgment dealt a significant blow to the commercial mining industry, there has been subsequent pressure from private corporations to find a way around the ruling. In 2002, the Supreme Court based its decision in another tribal land case (BALCO Employees Union V. Union of India, AIR 2002 SC 350) on the Samatha judgment, but held that they had “strong reservations” about the majority’s decision in the Samatha case. Therefore, while Samatha is still good law, there may be a shift away from the decision held by the majority.
This case is important for acting as a check and restraint to state power from the exploitation of resources on tribal lands for commercial purposes. The Supreme Court also recognized the role of agriculture to tribal persons’ livelihoods.
For their contributions, special thanks to ESCR-Net member: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.