How Clean Energy Needs, New Tech Shape Mineral Governance in India

PWOnlyIAS

July 18, 2025

How Clean Energy Needs, New Tech Shape Mineral Governance in India

India’s growth and development are critically dependent on its mineral resources. As the nation moves towards clean energy and new technological advancements, there is an urgent need to reform mineral governance, ensuring sustainable practices and efficient regulation. 

Background

  • The upcoming Monsoon Session of Parliament, beginning July 21, is set to introduce the Mines and Minerals Development and Regulation (MMDR) Amendment Bill, among eight new draft legislations, signaling a significant shift in this domain.

Reclassification of Minerals and Strategic Importance

  • In a key policy decision on February 20, 2025, the Ministry of Mines reclassified several ‘minor minerals’ as ‘major minerals‘.
    • These include Barytes, Felspar, Mica, and Quartz. 
  • This reclassification is crucial because these minerals are vital for emerging technologies, the energy transition towards green energy, spacecraft industries, and the healthcare sector. 
  • This strategic move aligns with the National Critical Mineral Mission, which aims to secure critical and strategic mineral resources for India’s clean energy and technological future, enhancing self-reliance and reducing international dependency.

Understanding Major and Minor Minerals

  • Minor Minerals: Defined under the Mines and Minerals (Development and Regulation) Act 1957, minor minerals traditionally include building stones, gravel, ordinary clay, and ordinary sand. 
    • They are often perceived to have lesser significance or are abundantly available
    • The Supreme Court, in the Quarry Owners Association vs State of Bihar (2000) case, clarified that this classification is based on their end-use and local importance, rather than their volume or availability.
  • Major Minerals: These are minerals of national and strategic relevance, such as coal, iron ore, and bauxite.
    • The classification primarily serves administrative convenience. 
    • The Central Government regulates major minerals, managing related provisions, while the State Governments are responsible for the regulation and management of minor minerals. Currently, around 31 minerals are notified as minor minerals, including Gypsum, Mica, Quartz, Clay-based minerals, and Sand.

Vital Role of Minor Minerals

  • Despite their ‘minor’ designation, these minerals play a crucial role in India’s infrastructure, manufacturing, and local economies. 
  • They are typically extracted on a small to medium scale from various sources like riverbeds, floodplains, hills, coastal areas, deserts, and open quarries.

Key uses of minor minerals

  • Silica-rich minerals like Quartz and Silica sand: Used extensively in glassmaking and electronics.
  • Sand: A vital component of concrete, mortar, and asphalt, essential for buildings, roads, and other infrastructure.
  • Feldspar, Mica, and Kaolin: Primarily used in ceramics, paints, and the rubber industry.
  • Limestone derivatives (Calcite, Gypsum, Lime kankar): Essential for chemical processing and construction (e.g., cement production).
  • Barytes (now a major mineral): Primarily used in oil and gas drilling.
    • The reclassification of minerals like Barytes reflects their increasing importance for industrial and technological advancement.

Challenges and Concerns in Mineral Governance

  • Environmental Degradation:
    • Groundwater depletion and water quality issues: Excessive sand mining from riverbeds leads to a decline in sand quantity, preventing water percolation and causing groundwater tables to fall. It also impacts water quality.
    • Pollution: Mining activities contribute to pollution in nearby areas due to the dumping of impurities during processing and the extraction of additional materials harmful to health.
    • Impact on Aquatic Ecosystems: Constant extraction of sand and gravel from rivers severely affects aquatic life, leading to a decline in populations of species like the Ganges River dolphin and Gharial.
    • Land Degradation and Soil Fertility Loss: Deep mining degrades the land, while surface mining (like clay mining) removes the fertile topsoil, leading to permanent land degradation and loss of soil fertility over the long term.
  • Regulatory and Enforcement Lapses:
    • Unscientific and Illegal Mining: Despite numerous regulations and judicial oversight, illegal and unscientific mining continues across states like Tamil Nadu, Maharashtra, Andhra Pradesh, Punjab, Madhya Pradesh, and Rajasthan.
    • Bypassing Approvals: Mining operations often proceed without obtaining proper approvals, including mandatory environmental clearances and mining plans.
    • Law and Order Issues: Illegal mining has created a severe law and order problem, leading to violent clashes between law enforcement agencies and sand mafias. Activists, journalists, and officials attempting to curb these practices face threats and attacks, even risking their lives.
    • Lack of Political and Bureaucratic Will: A significant challenge is the nexus between politicians, bureaucrats, and criminal elements, which compromises public trust and hinders effective enforcement of laws.

Constitutional Framework and Judicial Interventions

  • The Indian Constitution grants both State Governments (under List II, State List) and the Central Government (under List I, Union List) the power to legislate on mines and minerals
  • The Central Government enacted the MMDR Act, 1957, to regulate the mining sector, classifying minerals and establishing frameworks for mining leases and royalty collection.
  • Section 15 of the MMDR Act specifically empowers State Governments to frame rules for minor minerals, including granting leases, issuing permits, and collecting rent and royalties.
  • Judicial bodies like the Supreme Court, High Courts, and the National Green Tribunal (NGT) have played a crucial role in regulating minor mineral mining, particularly by mandating environmental clearances.
    • In Deepak Kumar vs State of Haryana (2012), the Supreme Court mandated environmental clearances for all mining operations, even those below five hectares, and stressed the need for a compulsory mining plan before environmental clearance.
    • However, a 2013 notification by the Ministry of Environment, Forest, and Climate Change (MoEFCC) exempted river sand mining projects with a lease area of less than five hectares from environmental clearance.
    • The NGT invalidated this notification in Himmat Singh Shekhawat vs State of Rajasthan (2014), reaffirming the Supreme Court’s guidelines.
    • Similarly, in Satendra Pandey vs Union of India (2018), the NGT struck down a 2016 notification that diluted environmental clearance procedures for minor mineral mining in areas below 25 hectares by exempting them from public consultation and environmental impact assessment. These judgments underscore the critical importance of proper procedure and public consultation in mining projects.

Way Forward

  • Strong Political and Bureaucratic Will: There is an urgent need for decisive action from political leaders and bureaucrats to combat illegal mining and uphold environmental laws.
  • Upholding Public Trust Doctrine: State governments must act as trustees of mineral resources, ensuring that mining leases serve the broader public interest rather than private gain.
  • Strict Law Enforcement: Rigorous enforcement of existing laws is paramount to curb illegal extraction and protect those who expose illicit practices.
  • Promoting Sustainable Practices and Alternatives: Encouraging sustainable construction practices and developing viable alternatives to natural resource extraction, such as manufactured sand (M-sand) and fly ash bricks, can significantly reduce the pressure on natural resources.
  • Comprehensive Model Regulatory Framework: Developing a harmonized, transparent, and comprehensive model regulatory framework for all states is essential. 
    • This framework must integrate environmental safeguards with developmental goals, ensuring that development benefits a wider population.

Conclusion

By addressing these challenges through robust policies, strict enforcement, and sustainable practices, India can ensure that its mineral resources contribute effectively to its clean energy and technological future while preserving the environment for generations to come.

Mains Practice

Q. Minor minerals play a vital role in India’s development, yet their governance faces serious challenges. In this context, examine the significance of minor minerals in India’s growth. What challenges are associated with their exploration? Suggest a robust framework for sustainable minor mineral governance. (15 Marks, 250 Words)

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UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
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Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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