The most egregious kind of illegality, known as "illegal mining," entails taking minerals from property that a mine operator is not legally permitted to work on. The majority of this "illegal mining" targets what Indian law refers to as "minor minerals," such as sand and gravel needed for construction and other uses, when measured by the quantity removed. However, other minerals like iron, manganese, and coal are increasingly being plundered in the same way as a result of growing worldwide prices.

The flurry of suggested changes includes modifying two clauses in the MMDR Act, and opening up 500 prospective mining locations that are now unavailable due to regulatory frameworks in place. The time period for the legal awarding of a mining lease has passed under present law, or these potential leases cannot be redistributed at auction because of legislative red tape. Through these actions, the process of transitioning between the various stages of mining development activities, from exploration up to production, would effectively be streamlined. There are further suggestions to improve the legal concept of illegal mining. There hasn't previously been a difference made between unlawful mining carried out outside of a leasehold area and mining carried out within a mining lease area in violation of licenses and clearances. According to recent changes, mining that violates restrictions within an otherwise approved lease area will no longer be considered illegal mining, and the government's authority to address the activity will only apply to mining that is done outside of a lease area.