Article 364 In English | Article 364 Of Indian Constitution In English | What Is Article 364

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Article 364 Of Indian Constitution In English

Article 364 – Special provisions as to major ports and aerodromes.
(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 enactment s relating to airways, aircraft and air navigation.

Indian Constitution part 19 articles

Article 364 In English

364 Article – Special provisions in respect of major ports and airports.
(1) Notwithstanding anything contained in this Constitution, the President may, by public notification, direct such notification as may be specified.
(a) no law made by Parliament or by the Legislature of a State shall apply to or subject to such exceptions or modifications as may be specified in the notification, at any major port or airport, or
(b) any existing law shall cease to have effect in any major port or airport, except in respect of works done or omitted before the said date, or in its application at such port or airport such shall have effect subject to exceptions or modifications. as may be specified in the notification.
(2) in this article.
(a) major port means a port which has been declared by Parliament or by or under any existing law to be a major port and includes all areas included within the limits of such port;
(b) aerodrome means aerodrome as defined for the purposes of enactment relating to airways, aircraft and air navigation.

Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.

What Is Article 364 Of Indian Constitution?

Article 364 Debate Summary

The draft Article 302AAA (Article 364 of the Constitution of India, 1950) was absent in the 1948 draft Constitution of India. On 17 October 1949, a drafting committee member introduced it as an amendment in the Assembly.

The draft article gave the president the power to publicly notify that a federal or state law would not apply to a major port or airport. Alternatively, the president can also decide how a federal or state law should be enforced on these facilities.

The member of the drafting committee told the assembly that ports and airports are special public places as they receive international passengers and have unique security requirements. Situations may arise where the laws of the State and the Union are not adequate or appropriate to ensure smooth administration. The purpose of the draft article is to give legislative and executive power to the President to deal with such situations.

One member argued that since Parliament alone (and not state legislatures) has the power to legislate for ports and airports under the draft Constitution, there is no need to confer such powers on the President. The chairman of the drafting committee corrected the member and said that the central legislature had only limited powers, the rest with the state legislatures where the port or airport was located. Therefore, the draft article was necessary. There was no further discussion and the draft Article 302AA was adopted on 17 October 1949.

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