What is Article 364 of Indian Constitution – Defination & Meaning

Article 364: Special provisions as to major ports and aerodromes (1) Notwithstanding anything in this Constitution, the President may by public notification
📅 Part XIX – Miscellaneous
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Article Number

364

part

Part XIX – Miscellaneous

Status

Active

Bare Acts Text

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 enactments relating to airways, aircraft and air navigation.
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Full Definition & Explanation

Article 364 of the Indian Constitution allows the President to make special provisions regarding major ports and aerodromes. This means that the President can issue a public notification to change how laws apply to these areas. For example, any law from Parliament or State Legislature may not apply at all to a major port or aerodrome. Alternatively, it can apply with certain modifications or exceptions. This flexibility helps the government manage operations at key transport hubs effectively. The article affects major ports and aerodromes, which are key for trade and travel. The President can exempt these areas from specific laws to ensure smoother operations. However, the changes must be specified in the notification. It is key to note that any existing law can also be modified or stopped from applying in these areas. This provision is particularly useful in times of emergencies or when the existing laws hinder efficient functioning. The real-world impact of this article is major. For example, if a law regarding labor regulations is too strict for a major port, the President can modify it to allow for more flexible working conditions. This ensures that the port can function effectively without compromising safety or legal standards. By having this power, the President can respond swiftly to challenges faced by key transport infrastructures, promoting economic growth and development.

Historical Context

This means that the President can issue a public notification to change how laws apply to these areas. For example, any law from Parliament or State Legislature may not apply at all to a major port or aerodrome. Alternatively, it can apply with certain modifications or exceptions. This flexibility helps the government manage operations at key transport hubs effectively. Article 364 of the Indian Constitution allows the President to make special provisions regarding major ports and aerodromes. The article affects major ports and aerodromes, which are key for trade and travel. The President can exempt these areas from specific laws to ensure smoother operations.

Key Features

– The President can modify laws for major ports and aerodromes.
– It allows laws to be exempt from applying in these areas.
– Existing laws can cease to have effect at these locations.
– A major port is defined by law made by Parliament.
– Aerodrome refers to air traffic and navigation laws.

Importance & Impact

– Allows government to manage ports and aerodromes effectively
– Facilitates quick responses to operational challenges
– Ensures flexibility in applying laws to critical transport hubs
– Promotes trade and travel without legal hindrances
– Supports economic growth by streamlining operations

Sample UPSC Question

Which of the following statements about Article 364 is correct? A. It allows the President to change laws for all regions. B. Major ports are designated by the President exclusively. C. The President can exempt specific laws for major ports. D. Aerodromes are defined by state laws only.? Analyze these options carefully in light of the constitutional distribution of legislative and executive powers.
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Answer

The correct answer is C. Article 364 allows the President to issue notifications that can exempt specific laws for major ports and aerodromes. This empowers efficient management and operational flexibility in key transport areas. Article 364 of the Indian Constitution allows the President to make special provisions regarding major ports and aerodromes.

Key Takeaways

✓ The President can exempt laws for specific transport areas.
✓ Existing laws may be modified or nullified under this article.
✓ Major ports are defined by laws made by Parliament.
✓ Aerodromes relate to air navigation laws
✓ This article promotes efficient transport management

FAQs

Article 364 of the Indian Constitution allows the President to make special provisions regarding major ports and aerodromes. This means that the President can issue a public notification to change how laws apply to these areas. For example, any law from Parliament or State Legislature may not apply at all to a major port or aerodrome.

However, the changes must be specified in the notification. It is key to note that any existing law can also be modified or stopped from applying in these areas. This provision is particularly useful in times of emergencies or when the existing laws hinder efficient functioning. Article 364 of the Indian Constitution allows the President to make special provisions regarding major ports and aerodromes.

For example, if a law regarding labor regulations is too strict for a major port, the President can modify it to allow for more flexible working conditions. This ensures that the port can function effectively without compromising safety or legal standards. By having this power, the President can respond swiftly to challenges faced by key transport infrastructures, promoting economic growth and development.

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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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