TARA PRASAD SINGH ETC. ETC. versus UNION OF INDIA & OTHERS

Citation: [1980] 3 S.C.R. 1042 · Decided: 07-05-1980 · Supreme Court of India · Bench: Y.V. CHANDRACHUD · Disposal: Case Partly allowed

Cited by 4 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

1042 
A 
TARA PRASAD SINGH ETC. ETC. 
v. 
UNION OF INDIA & OTHERS 
I 
May 7, 1980 
8 
[Y. V. CHANDRACHUD, C.J., P. N. BHAGWATI, V. R .. KRISHNA IYER, 
R. S. SARKAR!A, N. L. UNTWALIA, P. S. KAILASAM AND 
• 
V. D. TULZAPURKAR, JJ.] 
Coal Mines (Nationalisation) 
Amendment 
Act, 67 of 1916-Legislative 
C - competence of the 
ParliamRnt to enact Nationalisation 
Amendment Act-
Whether the Amending Act is violative oif the provisi"ons of Articles 14, 
19,(1)(/), 19(1)(g) and 31 of the Constituti<>n of lndia-Applicability of the 
Act to leases of composite mines in which there are alternate seams of coal 
and fire clay. 
D 
E 
F 
G 
H 
Article 246(1) of the Constitution of Indiia confers upon the Parliament, 
notwithstanding anything 
contained in. clauses 2 and 3 pf that Article, 
the 
exclusive power to make laws with respect to any of the matters enumerated 
in List I of the Seventh Schedule, called the Union List, Clause 2 of Article 
246 deals with thlj power of the Parliament and the State Legisla.tures to make 
laws with respect to any of the matters enumerated in the Concurrent Lisi, 
while clause 3 deals with the {X>Wer of the State Legislatures to make laws 
with respect to any of the matters enumerated in the State List. 
Entry 23 List II, Schedule VU of the Constitution read with Article 246(3) 
cOnfers legislative· power on the State Legis~atures in respect of "Regulatiol). of 
mines and mineral development" but that power is "subject to the provisions 
of List I with respect to regulation and development under the control of the 
Union". Entry 54 List I enables Parliament to acquire legislative power in 
respect of, "Regulation of mines and 
mineral development to the extent to 
which suCh regulation and development under the control of the Union is dec-
lared by Parliament by law to be expedient in the public interest". Entry 24 
List II relates to "Industries subject to the provisions of entries 7 and 52 of 
List I". Entry 7, List I, relates to Industries declased by Parliament by law 
to be necessary for the purpose of defence or for the prosecution of war. 
· Entry 52, List I, enables 'Parliament to acquire legislntive. power in respect of 
"Industries, the control' of which by the Union is declared by Parliament by 
law to be expedient in the pub1ic interest". 
' 
Pursuant to these powers the Parliament enacted the Industries (Develop-
ment & Regulation) Act, 65 of 1951, the Mines Act 35 of 1952, the Mines and 
Minerals (Regulation and Development) 
Act 67 of 1957, the Coking Coal 
Mines (EmCrgency Pfovisions) Act, 64· of 1971, the Coking Coal Mines {Nation-
alisation) Act, 36 of 1972, the Coking Coal Mines (Nationalisation) Amend-
ment -Act, 56 of 1972, the Coal Mines (Taking over of Management) Act, 15 
of 1973 and the Coal Mines (Nationalisation) Act 26 of 1973. Thereafter the 
Coal Mines (Nationalisation) ,i\mendmcnt Ai:t 6i of 1976 woo p:isscd, 
the 
objects and reasons being : 
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TARA PRASAD V. UNION 
1043 
"After the nationalisation of coal mines, a number of persons holding 
A 
.coal mining 1eases unauthorisedly 
started mining of coal in the 
Dl06t 
reckless and unstientific 
manner without regard to considemtions of 
conservation, safety and welfare of workers. Not only were they resorting 
to slaughter mining by superficial working of outcrops and thereby destroy-
ing a valuable national asset and creating problems of water-logging fires, 
etc. for the future d~elopment of the deeper deposits, their unsafe 
working also caused serious and fatal 
a.ccidonts. They were making 
B 
larger profits by paying very low wages, and by not providing any safety 
and welfare measures. Thefts of coal from adjacent nationalised mines 
were also reported after the commencement of these unauthOrised ope-
rations which had shown an increasing trend of late. · Areas where ille-
gal and unauthorised operations were carried 
on, 
were without any 
assessment of reserves in regard to quality and quantity ol1 coal which 
could be made available after detailed exploration work was undertaken 
C 
and results" analysed. No scientific exploitation of these deposits could 
be undertaken in the nationalised sector without these details. It was, 
therefore, considered that it would oot be appropriate either to nationalise 
these unauthorisedly worked mines after 
taking them over under the 
Coal Mines (Taking Over of Management) Act, 1973 or to get the con

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