Senior advocate Madhavi Divan described the Emergency as a manifestation of colonial oppression, highlighting the need to protect constitutional freedoms. Speaking at a Constitution Day event, she argued for decolonization, emphasizing the lasting impact of colonial laws on the legal system and the importance of accessibility in courts for marginalized communities.
Justice Nagarathna warned about the potential collapse of the federal system if states are allowed to tax minerals, citing disruption of power balance and governance structure. She argued that royalties should be considered taxes, highlighting risks of competition, increased costs, and negative economic impact. This could lead to decreased mining activity and strained foreign reserves.
