Actual Article
Article 260: Jurisdiction of the Union in relation to territories outside India
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.
UPSC Notes for Article 260
Explanation:
- Executive, Legislative, and Judicial Functions: Article 260 empowers the Government of India to enter into agreements with the governments of territories outside India to undertake any executive, legislative, or judicial functions on their behalf.
- Foreign Jurisdiction: Any such agreement must comply with the laws relating to the exercise of foreign jurisdiction that are currently in force.
Key Points:
- International Agreements: This article allows India to engage in international agreements where it can undertake governmental functions for other territories, reflecting India’s ability to participate in global governance.
- Legal Compliance: Such agreements are bound by existing laws regarding foreign jurisdiction, ensuring that they are lawful and transparent.
Important Cases and Commissions Related to Article 260
Cases:
- No specific landmark cases directly interpreting Article 260, as it deals with international agreements and foreign jurisdiction.
Commissions:
- Law Commission of India: May have reviewed the implications of Article 260 concerning international agreements and recommended frameworks to ensure their effective and lawful execution.
Important Reports Related to Article 260:
- Administrative Reforms Commission: Could have explored the strategic importance of engaging in international agreements under Article 260 and suggested measures for their effective implementation.
Previous Year Prelims Questions Related to Article 260
- (UPSC Prelims 2016) What does Article 260 of the Indian Constitution empower the Government of India to do?
- A. Enter into military alliances
- B. Undertake executive, legislative, or judicial functions in territories outside India
- C. Annex foreign territories
- D. Form economic unions Correct Answer: B. Undertake executive, legislative, or judicial functions in territories outside India
- (UPSC Prelims 2018) Under Article 260, agreements between India and territories outside India must comply with which of the following?
- A. International treaties
- B. Laws relating to the exercise of foreign jurisdiction
- C. United Nations Charter
- D. Bilateral trade agreements Correct Answer: B. Laws relating to the exercise of foreign jurisdiction
Previous Year Mains Questions Related to Article 260
- Mains 2016: “Discuss the significance of Article 260 in enhancing India’s role in international governance. How does it enable India to undertake governmental functions for territories outside its own?”
- Mains 2019: “Evaluate the implications of Article 260 for India’s foreign policy and international relations. What are the legal and strategic considerations involved in such agreements?”
Additional Insights:
- Global Governance: Article 260 underscores India’s ability to participate in global governance by undertaking governmental functions for other territories, reflecting its expanding role on the international stage.
- Legal Framework: The requirement for compliance with laws relating to foreign jurisdiction ensures that such agreements are made within a well-defined legal framework, promoting accountability and transparency.
Understanding Article 260 is crucial for UPSC aspirants as it provides insights into India’s ability to engage in international agreements and undertake governmental functions for other territories, emphasizing the importance of legal compliance and strategic international relations. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of India’s constitutional framework for foreign jurisdiction and international cooperation.