Part XI: Relations Between the Union and the States

Article 260: Jurisdiction of the Union in Relation to Territories Outside India

Original Article:

The Government of India may, by agreement with the Government of any territory not being part of the territory of India, undertake any executive, legislative, or judicial functions vested in the Government of such territory, but every such agreement shall be subject to, and governed by, any law relating to the exercise of foreign jurisdiction for the time being in force.

Explanations:

Article 260 provides the Union Government the authority to perform functions in territories outside India, subject to agreements with the concerned governments. This provision allows India to assist in governance, reflecting its role in international cooperation and diplomacy.

Legislative History:

Article 260 was adopted to enhance India’s capability to collaborate with neighboring countries and territories needing governance assistance. It aligns with India’s commitment to international cooperation.

Real-Life Examples:

• Maldives: India has assisted the Maldives in administrative and judicial capacities under bilateral agreements.
• Bhutan: India’s collaboration with Bhutan in infrastructure and governance reflects the principles of Article 260.

Historical Context:

During the post-independence era, India’s neighbors faced administrative challenges, and Article 260 provided a framework for India to assist in governance while respecting their sovereignty.

Debates and Deliberations:

The Constituent Assembly discussed the importance of enabling India to assist territories outside its borders. Key points included:

• Pandit Jawaharlal Nehru: Highlighted the need for regional cooperation and India’s leadership role in South Asia.
• Dr. B.R. Ambedkar: Supported provisions that allowed India to engage in governance without compromising its sovereignty.