Part XII: Miscellaneous Provisions

Article 364: Special Provisions as to Major Ports and Aerodromes

Original Article:

(1) Notwithstanding anything in this Constitution, the President may by public notification direct that as from such date as may be specified in the notification—

• (a) any law made by Parliament or by the Legislature of a State shall not apply to any major port or aerodrome or shall apply thereto subject to such exceptions or modifications as may be specified in the notification, or
• (b) any existing law shall cease to have effect in any major port or aerodrome except as respects things done or omitted to be done before the said date, or shall in its application to such port or aerodrome have effect subject to such exceptions or modifications as may be specified in the notification.

(2) In this article—

• "Major Port" means a port declared to be a major port by or under any law made by Parliament or any existing law and includes all areas for the time being included within the limits of such port.
• "Aerodrome" means aerodrome as defined for the purposes of the enactments relating to airways, aircraft, and air navigation.

Explanations:

Article 364 of the Indian Constitution provides the President with special powers concerning the applicability of laws in major ports and aerodromes across India. This provision aims to centralize certain regulatory powers over these strategic infrastructures, ensuring a unified approach to their governance given their importance to national security, trade, and aviation.

Clause-by-Clause Explanation:

Presidential Authority on Legislative Applicability

Clause (1) grants the President the authority to issue a public notification to alter the applicability of any law enacted by Parliament or a State Legislature in respect to major ports and aerodromes. The directive can specify that such laws either do not apply or apply with certain modifications. This gives the President flexibility in regulating these significant facilities, allowing for uniform management and protection of these entities under specific circumstances.

Definitions

Major Port: Refers to ports declared as "major" by law, highlighting their importance for commerce, defense, and transportation.

Aerodrome: Refers to aviation facilities as defined by laws related to airways, aircraft, and air navigation, ensuring that all aviation-related infrastructures are covered under the President’s directive.

Historical Context and Significance:

This article was included to address the strategic role of major ports and aerodromes post-independence, as India aimed to develop its trade routes and aviation sector while ensuring security. By centralizing control, it helps prevent conflicting State legislation that might impact the operational efficiency of these critical infrastructures.

Real-Life Example:

The central government might use Article 364 to restrict State laws that could interfere with national security at a port like Mumbai or an aerodrome like Delhi during heightened security measures or busy airspace zones.

References:

The Constitution of India, Article 364; legislative records on the regulation of major ports and aerodromes; and related notifications issued by the President of India.