Part XII: Finance, Property, Contracts and Suits

Article 297: Things of Value within Territorial Waters or Continental Shelf

Original Article:

All lands, minerals and other things of value underlying the ocean within the territorial waters, or the continental shelf, or the exclusive economic zone of India shall vest in the Union and be held for the purposes of the Union.

All other resources of the exclusive economic zone of India shall also vest in the Union and be held for the purposes of the Union.

Explanations:

Article 297 ensures that valuable resources found in territorial waters, the continental shelf, or the exclusive economic zone (EEZ) of India are vested with the Union Government. This provision allows centralized management and utilization of maritime resources for national purposes.

Key Provisions:

Clause 1: Territorial Waters and Continental Shelf

All resources, including minerals and valuable assets found within territorial waters or the continental shelf, vest in the Union for national development and security purposes.

Clause 2: Exclusive Economic Zone (EEZ)

Resources within the EEZ, including fisheries and subsoil resources, are managed by the Union Government to ensure sustainable use and protection.

Real-Life Examples:

India's exploration of offshore oil reserves in the Bombay High region is a direct application of Article 297. The Union controls these valuable resources to support energy needs and economic growth.

Amendments:

Although Article 297 itself has not been amended, international agreements like the United Nations Convention on the Law of the Sea (UNCLOS) have influenced its application, particularly in defining maritime boundaries.

Historical Significance:

This Article reflects India's commitment to asserting sovereignty over its maritime resources, ensuring national benefit and protection from exploitation by foreign entities.

Debates and Deliberations:

During the Constituent Assembly debates, members highlighted the strategic importance of maritime resources for India's economic growth and security. Dr. B.R. Ambedkar emphasized centralized control to ensure efficient management and equitable distribution of benefits derived from these resources.

Shri K.M. Munshi suggested the inclusion of provisions to protect the rights of coastal states, particularly concerning fisheries. While this was noted, the Assembly decided that Union control would better align with national interests.

Further discussions addressed concerns about potential conflicts with international maritime laws. Dr. Ambedkar assured the Assembly that the Article's provisions would comply with evolving global norms while safeguarding India's interests.

References:

• Constitution of India: Full text and analysis of Article 297.
• UNCLOS: Guidelines influencing India's maritime policies.
• Constituent Assembly Debates: Discussions on maritime resource management.