Constitutional Basis
Union List Entry 54 and State List Entry 23
Mining and mineral regulation is a rare subject where legislative competence is split by declaration rather than a clean entry. Entry 23 of the State List (Seventh Schedule) gives States the power to regulate mines and mineral development, but this is expressly made "subject to the provisions of List I" — specifically Entry 54 of the Union List, which allows Parliament to occupy the field "to the extent... declared by Parliament by law to be expedient in the public interest." Parliament exercised this power under Article 246 by enacting the MMDR Act, 1957, which since then has been the dominant framework, leaving States with residual regulatory space.
- Union List Entry 54: "Regulation of mines and mineral development to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest"
- State List Entry 23: regulation of mines and mineral development "subject to the provisions of List I"
- The MMDR Act, 1957 (Act 67 of 1957) was enacted under this Union declaration and remains the principal mining law, later amended in 2015, 2021 and 2023 to introduce auction-based allocation and expand the mineral list
● Tracked since March 12, 2026 · last seen September 16, 2026 · updates as the daily brief publishes