Actual Article
Article 297: Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union
- 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.
- The limits of the territorial waters, the continental shelf, the exclusive economic zone, and other maritime zones of India shall be such as may be specified from time to time by or under any law made by Parliament.
UPSC Notes for Article 297
Explanation:
- Union’s Ownership: Clause (1) states that all lands, minerals, and other valuable resources within India’s territorial waters, continental shelf, and exclusive economic zone (EEZ) shall vest in the Union.
- Resource Management: Clause (2) further specifies that all other resources within India’s EEZ also vest in the Union, indicating comprehensive control over maritime resources.
- Parliamentary Authority: Clause (3) empowers Parliament to specify the limits of the territorial waters, continental shelf, EEZ, and other maritime zones of India, ensuring legal clarity and uniformity.
Key Points:
- Maritime Sovereignty: Article 297 asserts India’s sovereignty over its maritime resources, ensuring that valuable resources within these zones are managed by the Union for national interests.
- Economic Importance: Control over these resources is crucial for national security, economic development, and environmental management.
- Parliamentary Oversight: By granting Parliament the authority to define maritime zones, the article ensures that the management of these zones aligns with national laws and international agreements.
Important Cases and Commissions Related to Article 297
Cases:
- No specific landmark cases directly interpreting Article 297, but the article is vital in maritime law and the management of marine resources.
Commissions:
- National Commission on Maritime Zones: Reviews and recommends measures related to the definition and management of India’s maritime zones.
- Law Commission of India: May review maritime laws and recommend amendments to ensure compliance with international standards and national interests.
Important Reports Related to Article 297:
- Law Commission Reports: Discuss the legal framework for managing maritime resources and recommend measures for effective governance.
- Reports by the Ministry of Earth Sciences: Provide insights into the exploration and management of resources within India’s maritime zones.
Previous Year Prelims Questions Related to Article 297
- (UPSC Prelims 2016) According to Article 297 of the Indian Constitution, who owns the resources within the territorial waters, continental shelf, and exclusive economic zone of India?
- A. The State Governments
- B. The Union Government
- C. The Local Municipalities
- D. Private Enterprises Correct Answer: B. The Union Government
- (UPSC Prelims 2018) Who has the authority to specify the limits of the territorial waters, continental shelf, exclusive economic zone, and other maritime zones of India according to Article 297?
- A. The President
- B. The Prime Minister
- C. The Parliament
- D. The Supreme Court Correct Answer: C. The Parliament
Previous Year Mains Questions Related to Article 297
- Mains 2016: “Discuss the significance of Article 297 in asserting India’s sovereignty over its maritime resources. How does this article contribute to national security and economic development?”
- Mains 2019: “Evaluate the role of Parliament in defining and managing India’s maritime zones under Article 297. What are the challenges and opportunities associated with the management of these resources?”
Additional Insights:
- Strategic Importance: The control over maritime zones is strategically important for national security, as these areas are vital for defense and surveillance.
- Economic Potential: India’s maritime zones are rich in resources like minerals, oil, and natural gas, which are essential for the country’s economic growth.
- Environmental Stewardship: Managing these zones also involves ensuring sustainable practices to protect marine biodiversity and prevent over-exploitation.
Understanding Article 297 is crucial for UPSC aspirants as it provides insights into the management of India’s maritime resources, emphasizing the importance of national sovereignty, economic development, and environmental protection. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional provisions and their impact on maritime governance within the Indian Constitution.