Tamil Nadu’s coastal districts are endowed with deposits of Rare Earth Elements embedded in beach sand systems. These coasts are ecologically fragile and highly vulnerable. The sandy beaches of the Gulf of Mannar and Palk Bay are home to endangered turtle nesting grounds, coral reefs, mangroves, and sand- dunes that serve as natural barriers against erosion and cyclonic events. These ecosystems sustain biodiversity, stabilise shorelines, sequester carbon, and safeguard coastal communities. Mining in such regions is therefore inherently eco-sensitive and demands rigorous scrutiny with the fullest involvement of local communities, the letter said.

Public consultation key to participatory democracy

The EIA Notification of 1994, as amended in 1997, introduced mandatory public hearings, a landmark step that has since become integral to participatory environmental governance. This safeguard was reinforced in the EIA Notification, 2006. Exempting projects from public consultation would deprive local communities of their right to raise legitimate concerns relating to livelihood loss, displacement, and environmental impacts, and would weaken the principles of participatory democracy.

Legal precedents bar dilution via executive orders

The Office Memorandum also raises serious legal concerns. The National Green Tribunal has in the past struck down Office Memorandums which sought to dilute statutory safeguards. Further, the Supreme Court, in Alembic Pharmaceuticals Ltd. v. Rohit Prajapati & Ors. (2020), has held that substantive amendments to the EIA framework cannot be brought about by way of executive instructions such as Office Memorandum, and that such instruments cannot override statutory notifications. The present OM, by dispensing with public consultations, amounts to an impermissible executive amendment of law and is therefore unsustainable.

Calls for transparent debate, cites cooperative federalism

Policy changes of such significance must be deliberated transparently in Parliament and State Legislatures, with due consultation of the States and the public. Proceeding otherwise would run counter to the spirit of cooperative federalism and to the democratic ethos of our country. “I urge the Union Government to withdraw the Office Memorandum dated September 8 forthwith. I also take this opportunity to reiterate Tamil Nadu’s commitment to contributing to the Nation’s strategic and defence requirements, as has always been done in the past,” the letter said.

Published on September 12, 2025