How clean energy needs, new tech shape mineral governance in India

Indian Express

5 days ago

— Renuka
In a significant policy move, the Ministry of Mines has reclassified minor minerals Barytes, Felspar, Mica, and Quartz as major minerals. These minerals are essential for various new technologies, energy transition, spacecraft industries, the healthcare sector, etc.
This reclassification, announced through a Notification dated February 20, 2025, aligns with the government's recent push under the National Critical Mineral Mission, which aims to secure critical and strategic mineral resources for India's clean energy and technological future.
It also draws attention to a largely overlooked area in India's mineral governance – the regulation of minor minerals. But what are minor minerals, and how are they regulated? Let's explore.
Minor minerals are defined under the Mines and Minerals (Development and Regulation) (MMDR) Act, 1957, as building stones, gravel, ordinary clay, and ordinary sand. The term 'minor minerals' is often understood to imply a lesser quantity of significance.
However, in the Quarry Owners Association vs State of Bihar (2000) case, the Supreme Court clarified that the classification of minerals as major or minor under the MMDR Act is determined by their end use and local importance, rather than by their volume, availability or production levels.
The classification is also for the purpose of administrative convenience: while the Central Government retains control over major minerals with national and strategic relevance, like coal, iron ore or bauxite, the regulation and management of minor minerals fall under the purview of state governments.
The Central Government also has the authority to declare any other mineral to be a minor mineral. It has thus far notified around 31 minerals as minor minerals such as Gypsum, Mica, Quartz, Clay-based minerals, Sand, etc.
Minor minerals play a crucial role in infrastructure, manufacturing and local economies. They are primarily sourced from riverbeds, floodplains, hills, coastal areas, deserts, and open quarries across various states.
Extraction typically takes place on a small to medium scale and is governed by state authorities. Silica-rich minerals like Quartz and Silica sand are commonly found in riverbeds and desert regions. They are used extensively in glassmaking and electronics. Sand is a vital component of concrete, mortar, and asphalt, making it essential for buildings, roads, and other infrastructure.
Feldspar, Mica, and Kaolin are mostly used in ceramics, paints, and rubber industries. Similarly, limestone derivatives like Calcite, Gypsum and Lime kankar are essential for construction and chemical processing. The barytes, recently classified as a major mineral, is primarily used in oil and gas drilling.
These minerals, though locally sourced and often extracted on a small scale, are vital to India's construction boom and industrial growth. However, their unchecked extraction, especially in ecologically sensitive areas, raises serious concerns around sustainability, environmental impact and regulatory oversight.
Under the Indian Constitution, states are vested with the power to make laws on mines and minerals under List II (State List) of the Seventh Schedule. However, under List I (Union List), the Central Government can also make laws on the regulation of mines and minerals by declaring it in the public interest.
Exercising this authority, the Central Government enacted the MMDR Act in 1957 – a key legislation regulating the mining sector. The Act classifies the minerals into two categories: major and minor and provides the legal framework for the grant of mining leases, royalty collection, and overall management of major mineral resources.
Section 15 of the Act delegates the rule-making power to the state governments in relation to minor minerals. It empowers states to frame rules for granting leases, issuing permits, and fixing and collecting rent and royalties from the holders of mining leases and permits.
This delegation of rule-making power ensures that states can design regulatory mechanisms to suit local needs. Further, given the significant environmental impact, the minor minerals are also regulated under laws related to pollution, wildlife and biodiversity protection, etc.
On the policy front, the Central Government has historically prioritised major minerals, while minor minerals have largely been governed through state-specific policies and rules. However, growing environmental concerns – particularly related to sand mining from rivers and floodplains – have prompted central intervention.
In response, the Ministry of Environment, Forest, and Climate Change (MoEFCC) issued Sand Mining guidelines in 2016 and 2020, and the Ministry of Mines released a Sand Mining Framework in 2018.
The Supreme Court, High Courts and the National Green Tribunal have played a pivotal role in regulating the mining of minor minerals, especially by mandating Environmental clearances for extracting minor minerals.
In the landmark case of Deepak Kumar vs State of Haryana (2012), the Supreme Court took notice of the unscientific and illegal mining of minor minerals and made it mandatory for all mining operations, even below five hectares, to obtain environmental clearances from the appropriate authority.
The court also recommended a compulsory mining plan before granting environmental clearance. Notably, through various judgements, the Supreme Court has emphasised the need for the sustainable extraction of minor minerals.
Following the apex court's decision in Deepak Kumar vs State of Haryana (2012), the MoEFCC in 2013 notified that the river sand mining project with a lease area of less than five hectares should not be considered for environmental clearance. However, the notification was declared invalid by the National Green Tribunal in Himmat Singh Shekhawat vs State of Rajasthan (2014).
Similarly, in Satendra Pandey vs the Union of India (2018), the NGT struck down a notification dated January 15, 2016 on the ground that it diluted the environmental clearance procedure for mining of minor minerals in areas below 25 hectares. The notification exempted such projects from public consultation and environmental impact assessment prior to granting environmental clearance.
Despite state regulations and judicial oversight, the mining sector continues to grapple with widespread issues, particularly illegal and unscientific mining. States like Tamil Nadu, Maharashtra, Andhra Pradesh, Punjab and Madhya Pradesh have become the hotspots of illegal sand mining.
It is causing severe environmental degradation, such as lowering of groundwater levels in riparian areas, pollution in nearby areas, and disruption of the aquatic ecosystem. Sand and gravel extraction from rivers is one of the leading reasons behind the declining population of the Gharial and Ganges River dolphins.
Apart from this, excessive mining of clay from agricultural fields leads to loss of soil fertility and long-term land degradation. Mining has also become a law-and-order issue due to rampant illegal extraction, violent clashes between miners and law enforcement, as well as threats and attacks on activists, journalists and officials attempting to curb the practice.
Given the ecological importance of minor minerals, there is an urgent need for strong political and bureaucratic will to ensure their sustainable management. Upholding the Public trust doctrine, the state needs to act as a trustee of these resources and ensure the leasing of mines serves the public interest.
Strict law enforcement, adoption of sustainable construction practices and promotion of viable alternatives to natural resource extraction are significant. A comprehensive model regulatory framework across states is needed to harmonise laws, ensure transparency and integrate environmental safeguards with development goals.
What are minor minerals, and how are they regulated in India?
What is the constitutional division of powers between the Centre and states on the regulation of minerals?
How has intervention, particularly by the Supreme Court and the National Green Tribunal, shaped the regulatory landscape for minor mineral mining?
What are the ecological consequences of unregulated sand and clay mining, and how effective have existing regulations been in addressing these challenges?
How does minor mineral extraction impact biodiversity, particularly endangered aquatic species such as the Gharial and Ganges River dolphin?
(Renuka is a Doctoral researcher at Himachal Pradesh National Law University, Shimla.)
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