Lok Sabha Question No. 29 (UNSTARRED), answered on 2025-12-01
Subject: Exemption of Atomic Mineral Mining
Ministry: ENVIRONMENT, FOREST AND CLIMATE CHANGE
Asked by: Thiru Thanga Tamilselvan, Shri Bapi Haldar, Dr. Ganapathy Rajkumar P

## GOVERNMENT OF INDIA

## MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOK SABHA

## UNSTARRED QUESTION NO. 29 TO BE ANSWERED ON 01.12.2025

## Exemption of Atomic Mineral Mining

## 29. DR. GANAPATHY RAJKUMAR P: SHRI. BAPI HALDAR: THIRU THANGA TAMILSELVAN:

Will the Minister of Environment, Forest and Climate Change be pleased to state:

- (a)      whether it is true that Central Government has recently issued a notification for exemption of atomic mineral mining without due consultation with the States and members of the public as a result, it would run counter to the spirit of cooperative federalism and the democratic ethos of our country;
- (b)     if so, the details thereof;
- (c) whether the Central Government has received a letter dated September 12, 2025, from the State Government of Tamil Nadu opposing the exemption of atomic mineral mining from public consultation and urged Prime Minister to withdraw the office memorandum issued by the Central Government, as such significant policy changes must be deliberated transparently in Parliament and State Legislatures, with due consultation of the States and members of the public;
- (d) if so, the details thereof;
- (e) the action taken by the Central Government on the letter received from State Government of Tamil Nadu; and
- (f) whether  the  Government  is  aware  that  the  public  consultation  exemption  through  an office memorandum violates the Supreme Court's ruling in Vanashakti V. Union of India (2025)  that  substantive  amendments  to  the  Environment  Impact  Assessment  (EIA) process cannot be brought about through subordinate legislation like office memorandum?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE (SHRI KIRTI VARDHAN SINGH)

(a) & (b)   The Ministry of Environment, Forest and Climate Change (MoEFCC) has issued an Office  Memorandum  (OM)  dated  08.09.2025 on 'Fast  tracking  of  projects  involving Mining of Critical/Strategic and Atomic Minerals,' exempting the related projects from public consultation  requirement  under  Environment  Impact  Assessment  (EIA)  Notification,  2006.

The  OM  was  issued  in  terms  of  the  existing  provision  at  clause  7(III)(i)(f)  of  the  EIA Notification, which exempts projects relating to national defence, security or other strategic considerations from public consultation keeping in view the importance of critical/strategic and atomic minerals for meeting India's energy transition, defence preparedness, space research, and nuclear power programme.

(c)  to  (e)    Ministry  had  received  a  letter  dated  September  12,  2025,  wherein  the  State Government  of  Tamil  Nadu,  has  requested  for  withdrawal  of  the  Ministry's  OM  dated 08.09.2025.  The  communication  was  examined  in  detail  in  the  Ministry  and  accordingly, Ministry clarified in detail the background of the matter related to national defence, security and strategic aspects of the issue and the already existing provision in EIA Notification for exemption of public consultation for such projects. It was further clarified that this exemption due to strategic and security implication, will not compromise on environmental, social, health and  livelihood  concerns,  which  will  continue  to  be  addressed  through  the  existing  EIA mechanism comprising of EIA, Environment Management Plan(EMP), appraisal by the expert committee, and post environmental clearance monitoring.

(f) No  amendment  of  EIA  notification  was  required  in  this  process  since  the  EIA Notification,  2006  already  has  an  existing  provision  at  clause  7(III)  (i)  (f)  of  the  EIA Notification which exempts projects relating to national defence and security or involving other strategic considerations from public consultation. Accordingly, the OM dated 08.09.2025 has been  issued  in  terms  of  the  afore-mentioned  provisions  of  the  EIA  Notification,  2006,  as amended.

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