Actual Article
Article 364: Special provisions as to major ports and aerodromes
(1) Notwithstanding anything in this Constitution, the President may by order direct that any law made by Parliament or the Legislature of a State shall not apply to any major port or aerodrome, or shall apply to such port or aerodrome subject to such exceptions or modifications as may be specified in the order.
(2) Any order made under clause (1) may be varied or revoked by a subsequent order.
UPSC Notes for Article 364
Explanation:
- Presidential Authority: Article 364 grants the President the power to issue orders directing that laws made by Parliament or State Legislatures shall not apply to major ports or aerodromes, or shall apply with specific exceptions or modifications.
- Scope of Power: The President can modify or revoke such orders as deemed necessary.
Key Points:
- Flexibility for Ports and Aerodromes: Ensures that the administration of major ports and aerodromes can be adapted to meet specific needs and circumstances, potentially differing from general laws.
- Centralized Control: Allows for centralized control and management of major ports and aerodromes, which are critical for national infrastructure and security.
- Adaptability: Provides flexibility in the application of laws to address unique challenges or requirements of major ports and aerodromes.
Important Cases and Commissions Related to Article 364
Cases:
- No landmark Supreme Court cases specifically interpreting Article 364, but it is relevant in discussions on the administration and regulation of major ports and aerodromes.
Commissions:
- Various Transport Commissions: Have discussed the management and regulation of ports and aerodromes, although not directly focused on Article 364.
Important Reports Related to Article 364:
- Ministry of Civil Aviation Reports: Discuss the regulation and management of aerodromes, including potential implications of Article 364.
- Ministry of Ports, Shipping and Waterways Reports: Provide insights into the administration of major ports and how Article 364 may be applied to address specific challenges.
Previous Year Prelims Questions Related to Article 364
- (UPSC Prelims 2016) What does Article 364 of the Indian Constitution provide for?
A. The regulation of trade
B. Special provisions as to major ports and aerodromes
C. The administration of Union Territories
D. The amendment of the Constitution Correct Answer: B. Special provisions as to major ports and aerodromes - (UPSC Prelims 2018) Who has the authority to direct that laws made by Parliament or State Legislatures shall not apply to major ports or aerodromes under Article 364?
A. The Prime Minister
B. The Chief Minister
C. The President
D. The Governor Correct Answer: C. The President
Previous Year Mains Questions Related to Article 364
- Mains 2016: “Discuss the significance of Article 364 in the administration of major ports and aerodromes in India. How does this article provide flexibility in the application of laws to these critical infrastructures?”
- Mains 2019: “Evaluate the impact of Article 364 on the centralized management of major ports and aerodromes. How does this provision ensure the adaptability of laws to meet the specific needs of these facilities?”
Additional Insights:
- Critical Infrastructure Management: Article 364 plays a crucial role in managing critical infrastructure like major ports and aerodromes, ensuring that specific needs can be met through tailored legal provisions.
- National Security and Efficiency: The ability to modify the application of laws ensures that these strategic assets can be managed efficiently and securely, addressing any unique challenges they might face.
- Role of the President: Highlights the role of the President in ensuring that laws are appropriately applied to major ports and aerodromes, providing a mechanism for centralized decision-making.
Understanding Article 364 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for managing major ports and aerodromes, highlighting the balance between flexibility and centralized control. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring the effective administration of critical infrastructure within the Indian Constitution.