Minerals – who are the beneficial owners

In an earlier post, we had discussed who owns minerals in India under the Constitution. In broad terms, state governments usually own onshore minerals, all offshore minerals are owned by the union government. There are two additional aspects of minerals to consider, the public trust doctrine and the intergenerational equity principle. The Public Trust Doctrine, an integral part of common law …

Who owns title to minerals in India?

Across the world, the sovereign / federal / union government usually owns title to all minerals. The big exception is the USA where land owners also own the minerals beneath the earth. Even there, the federal government owns 1/3rd of the land. For India though, it is a simple question with a complex answer. Under Article 297 of our Constitution, offshore minerals are …