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Supreme Court of India 2019-03-01 dismissed

State of Gujarat and Others etc vs Jayeshbhai Kanjibhai Kalathiya etc

Bench: 3 — A.K. Sikri

In Brief

Gujarat prohibited exporting sand (a minor mineral) mined within the State to other States through rules under the Mines and Minerals Act. Contractors and traders challenged these rules as ultra vires and violating inter-State trade freedom. The Supreme Court held that while the State may regulate mining leases, it cannot restrict movement of already-excavated, legally-mined minerals. Section 23-C empowers rules only against illegal mining, not legal trade. The prohibition violates Article 301 (trade freedom). Once minerals are legally extracted, the State cannot ban their interstate movement. The Court dismissed the appeals, upholding the High Court's judgment striking down the restrictive rules as unconstitutional.

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Constitutional Law Federalism Mines and Minerals Inter-State Trade Freedom of Trade and Commerce Delegation of Powers Environmental Law

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