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With reference to the management of minor minerals in India, consider the following statements : 1. Sand is a 'minor mineral' according to the prevailing law in the country. 2. State Governments have the power to grant mining leases of minor minerals, but the powers regarding the formation of rules related to the grant of minor minerals lie with the Central Government. 3. State Governments have the power to frame rules to prevent illegal mining of minor minerals. Which of the statements given above is/are correct?
Explanation
The correct answer is option A (statements 1 and 3 only).
Sand mining is the process of removal of sand and gravel where this practice is becoming an environmental issue[1], and sand is indeed classified as a minor mineral under Indian law. The District Collector is assigned the responsibility of granting environment clearance up to 5 hectare of mine lease area for minor minerals, mainly sand[2], confirming statement 1 is correct.
Statement 2 is incorrect because while State Governments do grant mining leases for minor minerals, the State Government may, by notification in the Official Gazette, make rules for regulating the grant of quarry leases, mining leases or other mineral concessions in respect of minor minerals[3]. This shows that the power to frame rules for minor minerals lies with State Governments, not the Central Government.
Statement 3 is correct as State Governments have the power to make rules regulating minor minerals, which inherently includes preventing illegal mining. A provision has been made for constitution of special courts by the state governments for fast-track trial of cases related to illegal mining[4], demonstrating state-level authority in combating illegal mining activities.
Sources- [1] Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 6: Environmental Issues > 6.2 SAND MINING IN INDIA - ENVIRONMENTAL ISSUES > p. 113
- [2] Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 6: Environmental Issues > Guidelines for Sustainable Sand & Minor Mineral Mining > p. 115
- [3] https://www.ielrc.org/content/e5705.pdf
- [4] Indian Economy, Vivek Singh (7th ed. 2023-24) > Chapter 14: Infrastructure and Investment Models > Mines and Minerals (Development & Regulation) Act 1957: > p. 429
PROVENANCE & STUDY PATTERN
Guest previewThis is a classic 'Federalism Trap' question. UPSC exploits the confusion between the regulatory framework for Major Minerals (Centre-dominated) and Minor Minerals (State-dominated). While standard books cover the definition of sand, the specific legal division of rule-making power (Section 15 vs Section 13 of MMDR Act) requires reading the 'Acts & Policies' chapters with a focus on administrative jurisdiction, not just environmental impact.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: Under India's management of minor minerals, is sand classified as a "minor mineral" under prevailing law?
- Statement 2: Under India's management of minor minerals, do State Governments have the power to grant mining leases for minor minerals?
- Statement 3: Under India's management of minor minerals, does the Central Government have the power to make rules relating to the grant of mining leases for minor minerals?
- Statement 4: Under India's management of minor minerals, do State Governments have the power to frame rules to prevent illegal mining of minor minerals?
- Document title explicitly links 'Sand' with 'Minor Mineral Mining' and provides guidelines for their joint governance.
- Describes district-level environmental clearance, monitoring and transit permit systems that treat sand within the minor-mineral regulatory framework.
- Karnataka 'Minor Mineral Concession' rules specifically transfer oversight of sand mining to a state department, using the minor-mineral regulatory instrument.
- State-level rules and procedures (bidding, pricing, exemptions) are applied to sand, showing administrative treatment as a minor mineral.
- Reference to a Supreme Court order prohibiting sand mining without requisite clearances demonstrates legal/regulatory control over sand extraction.
- Implied requirement of environmental/legal clearances aligns sand with regulated minor-mineral activities.
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