MODULE-2 Flashcards
Resource Nationalism
Resource nationalism refers to the various forms of state involvement in extracting, processing, and marketing natural resources. It is a concept that aims to give resource-rich countries more control and a higher share of profits from their natural resource wealth.
Need for Resource Nationalism
Economic Development
Sovereignty
Revenue Generation
Forms of Resource Nationalism
Nationalization
Local Content Requirements
Stronger Regulations
Expropriation
Challenges of Resource Nationalism
Reduced Foreign Investment
Economic Isolation
Inefficiency
Resource
Federalism
A system in which the authority to manage and distribute natural resources such as minerals, water, and forests is collaboratively shared between the central government and state governments. This approach ensures that both levels play a part in their development while taking into account the unique needs of the regions where these resources are found.
State of West Bengal v. Union of India
In State of West Bengal v. Union of India (1963), the Supreme Court of India ruled that Parliament has the constitutional authority to acquire state property, as per Entry 42 of List III of the Seventh Schedule, and that this power is not limited by Article 298, which grants states the power to transfer property.
Threesiamma Jacob v. Geologist Department
of Mining & Geology (AIR 2013 SC 3251)
Private landowners own the minerals beneath their land unless a statute or agreement explicitly transfers ownership to the State.
The State can regulate the extraction of minerals under the MMDR Act but does not have automatic ownership.
Ownership of land extends to what lies beneath unless explicitly excluded.
State List (Entry 23):
States have the power to legislate and regulate the extraction, development, and use of mines and minerals within their territorial limits, except for those expressly covered under the Union List.
Article 244
For Scheduled Areas (under the Fifth Schedule), States
manage resources, but mining activities are subject to
safeguards ensuring tribal welfare.
Article 371A
Grants special powers to Nagaland, ensuring state control over ownership and regulation of land and its resources, including minerals.
Samantha v State of Andhra Pradesh
Challenged mining leases to private companies in Scheduled Areas under the Fifth Schedule and the AP Scheduled Areas Land Transfer Regulation, 1959.
Held that:
- Land transfer to private companies violates tribal rights and protections.
- Fifth Schedule safeguards tribal resources; land use must benefit tribals.
- State acts as a trustee; public sector mining allowed only for tribal welfare.
- It strengthened protection of tribal land, restricted private exploitation, and reinforced tribal autonomy.
Vth Schedule
The Fifth Schedule governs the administration of tribal
areas in ten Indian states:
Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh,
Jharkhand, Madhya Pradesh, Maharashtra, Odisha,
Rajasthan, and Telangana.
VIth Schedule
The 6th Schedule is specifically designed for tribal
regions in the North-Eastern States of Assam, Meghalaya,
Mizoram, and Tripura.
