Part XIX - Miscellaneous • Article

Article 364 Simplified: Special provisions as to major ports and aerodromes

Article 364 allows the President of India to issue public notifications declaring that any law made by Parliament or a State Legislature will either not apply to a major port or aerodrome (airport), or will apply only with specific exceptions or modifications (governing things done or omitted to be done).

Official Text

(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— (a) “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; (b) “aerodrome” means aerodrome as defined for the purposes of the enactments relating to airways, aircraft and air navigation.

Simple Meaning

Explain Like Ten

The President can make special rules for big seaports and airports, declaring that some regular state or national laws do not apply there, to keep international trade and travel running smoothly.

Student Mode

Provides special constitutional provisions for major ports and aerodromes. It empowers the President to issue public notifications directing that: (a) any parliamentary or state law shall not apply to a major port or aerodrome, or apply only with specified modifications, or (b) any existing law shall cease to have effect or apply with modifications. This ensures unified central regulation over international transit nodes.

Example

If a state government passes a tax law that could disrupt cargo operations at a major seaport like the Mumbai Port Trust, the President can issue a notification under Article 364 exempting the port from that specific tax law.

Key Takeaway

The President can modify or exclude the application of normal laws at major ports and airports for national security and trade efficiency.

FAQs

Why do major ports and aerodromes have special rules under Article 364?

Seaports and airports are critical nodes for national security, international trade, and civil aviation. Allowing local state laws or standard national laws to apply without adjustment could disrupt international commitments or aviation safety, so the President is given powers to modify them.

What is defined as an 'aerodrome' in Article 364?

Under Clause (2)(b), it means an aerodrome as defined for the purposes of enactments relating to airways, aircraft, and air navigation (e.g., standard civil airports).

Quiz

Under Article 364, who has the power to exempt major ports and airports from certain laws?

Answer: The President of India

Major ports and airports can be exempted from laws passed by:

Answer: Both Parliament and State Legislatures