Coal and Mining Sector

The row over tungsten mining near Madurai

Note4Students

From UPSC perspective, the following things are important :

Mains level: Mines and Mineral; Challenges faced by states;

Why in the News?

Environmental activists protested outside the Madurai District Collector’s office (Tamil Nadu), voicing their opposition to Vedanta’s auction win for Tungsten Mining Rights in Melur, following the Ministry of Mines‘ announcement

Why have there been protests over mining Rights?

  • Environmental Concerns: Activists and residents are vehemently opposing the tungsten mining project due to its potential impact on biodiversity. Because of the fears that mining activities could irreparably damage these sites and disrupt local ecosystems, including vital water sources like the Periyar canal.
  • Community Impact: Locals fear that mining will threaten their livelihoods, as many depend on agriculture and local resources. The protests have seen significant participation from various villages in the region, highlighting widespread community opposition to the project.
  • Political Response: The Chief Minister of Tamil Nadu has called for the cancellation of the mining rights and plans to introduce a resolution in the Tamil Nadu Assembly to formally reject the mining project. He emphasizes that any mining activity in these areas would be unacceptable without state consent.

What does the Ministry of Mines say about Mining?

  • Auction of Mineral Blocks: The Nayakkarpatti Tungsten Block covering an area of over 20.16 sq. km. was proposed for auction in February 2024. Inputs were taken from the state government of Tamil Nadu before the block was put up for auction.
    • The Ministry cited the Mines and Minerals (Development and Regulation) Act of 1957 as the legal framework enabling this auction process.
  • Mineral Richness: The Ministry also noted that the area designated for tungsten mining was found to be rich in scheelite (a crucial ore for tungsten extraction), thus justifying its selection for mining activities.

About the  Mines and Minerals (Development and Regulation) Act of 1957:

  • The Mines and Minerals (Development and Regulation) Act, 1957, provides a framework for the regulation of mining activities in India, governing the exploration, licensing, and development of minerals except for petroleum and natural gas.
  • It empowers the central government to specify major minerals and the state governments to regulate minor minerals, ensuring a structured division of responsibilities in mineral resource management.
  • Major minerals are high-value minerals that include coal, lignite, iron ore, bauxite, gold, silver, zinc, copper, manganese, and other ores critical for industrial and strategic purposes.
  • Minor minerals are low-value, non-metallic minerals primarily used in construction and local industries, such as sand, gravel, clay, building stones, marble, and slate.

Is there a Centre-State rift?

Yes, a notable rift exists between the Tamil Nadu government and the Union government regarding this issue.

  • Lack of State Consent: The Tamil Nadu government claims it did not provide consent for the auction and had previously communicated concerns regarding environmental implications. In contrast, the Union government contends that there was no formal opposition from Tamil Nadu during the auction process.
  • Political Tensions: This situation has led to heightened tensions between the state and central governments, with accusations from Tamil Nadu officials that their concerns were ignored by the Union government when granting mining rights to Hindustan Zinc Limited.

Can the state government supersede the authority of the central government in this matter?

In the context of mining rights and environmental matters, the state government cannot directly override the power of the central government. However, there are several ways available to the state government to influence or challenge the decision made by the Union government.

  • Constitutional Framework: The Indian Constitution divides powers between the Union and states; mining regulation is under the Union List, while environmental protection is in the Concurrent List, granting states authority over local environmental issues.
  • Biodiversity & Environmental Protection: States can challenge mining projects through laws like the Environmental Protection Act (1986) and Biological Diversity Act (2002), or by passing laws to protect ecologically sensitive areas.
  • State Assembly’s Role: The state legislature can pass resolutions expressing opposition to federal actions, and applying political pressure on the Union government, especially with public protests.
  • Judicial Review & Coordination: States can seek judicial review if Union actions violate constitutional or environmental laws. While states cannot override central mining rights, cooperative federalism emphasizes consultation between the Union and states.

Way forward: 

  • Enhanced State-Central Coordination: Establish a more transparent and binding consultation process between the state and central governments before granting mining rights, ensuring that local concerns and state consent are prioritized, especially for ecologically sensitive areas.
  • Thorough Environmental Review: Implement a mandatory, independent Environmental and Social Impact Assessment (ESIA) for mining projects in biodiversity hotspots, incorporating input from local communities, environmental experts, and authorities to address potential ecological and socio-economic impacts.

Mains PYQ:

Q Coastal sand mining, whether legal or illegal, poses one of the biggest threats to our environment. Analyse the impact of sand mining along the Indian coasts, citing specific examples. (UPSC IAS/2019)

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