Article 260

Article 260 of the Constitution of India empowers the Union Government to exercise executive, legislative, or judicial functions in territories situated outside India, provided such arrangements are made through formal agreements with the concerned foreign governments. This provision reflects India’s commitment to international cooperation and its ability to function within the framework of global law and diplomacy. It serves as a constitutional mechanism to regulate India’s jurisdictional authority in foreign territories in specific circumstances.

Background and Constitutional Context

The inclusion of Article 260 in the Indian Constitution was inspired by the need to establish a legal framework for India’s engagement with foreign territories after independence. Before 1947, the British Crown exercised jurisdiction in certain territories outside British India under imperial agreements. After independence, the framers of the Constitution sought to provide a similar but democratically accountable mechanism, allowing the Indian Government to enter into agreements for carrying out specific functions abroad in a lawful and constitutional manner.
This Article is located in Part XI of the Constitution, which deals with the distribution of legislative powers between the Union and the States, and its inclusion in this part highlights its relevance to the Union’s external and international responsibilities.

Provisions and Scope of Article 260

The text of Article 260 grants the Government of India the authority to undertake executive, legislative, or judicial functions in territories that are not part of India, but only under certain conditions. The core provisions can be summarised as follows:

• The Government of India may, by agreement with the government of any territory not part of India, undertake any executive, legislative, or judicial functions in relation to that territory.
• The exercise of such functions must comply with Indian laws relating to foreign jurisdiction, ensuring consistency with constitutional and statutory principles.
• Such powers may be used only when a formal agreement or treaty exists between India and the concerned foreign government.

This provision gives constitutional validity to India’s participation in international administrative arrangements and ensures that such engagements are conducted transparently within a defined legal framework.

Scope and Application

Article 260 applies only to territories outside India, meaning it cannot be invoked for any area within Indian jurisdiction. The provision allows the Government of India to:

• Administer territories under Indian trusteeship or temporary control, if agreed upon by both parties.
• Undertake judicial or administrative duties on behalf of a foreign government.
• Participate in international cooperative efforts involving governance or law enforcement in designated foreign regions.

While the Article has rarely been invoked in practice, it forms a vital constitutional foundation for India’s ability to operate within international frameworks, especially in areas such as peacekeeping, development aid, or diplomatic missions involving administrative responsibilities.

Legal Framework and Foreign Jurisdiction

The powers under Article 260 are exercised in accordance with Indian laws relating to foreign jurisdiction, particularly the Foreign Jurisdiction Act, 1947, which predates the Constitution but continues to apply. This Act authorises the Central Government to exercise jurisdiction in territories outside India when permitted by treaty, agreement, or usage.
Accordingly, Article 260 provides constitutional backing for:

• International agreements requiring India to perform specific functions abroad.
• Delegation of powers to Indian courts or authorities to adjudicate matters involving foreign territories under agreement.
• Cooperative arrangements in areas such as maritime regulation, consular services, or transnational crime prevention.

These arrangements must conform to India’s constitutional principles, ensuring that no act performed under such agreements violates domestic law or fundamental rights.

Relationship with Other Constitutional Provisions

Article 260 interacts with several other provisions of the Constitution that govern India’s legislative and international relations:

• Article 245: Defines the extent of the Union and State legislatures’ power, including the authority of Parliament to make laws for the whole or any part of India.
• Article 246: Distributes legislative powers between the Union and the States, granting Parliament exclusive competence over matters of external affairs and defence.
• Article 253: Empowers Parliament to enact laws for implementing international treaties, agreements, and conventions.
• Article 51: Enjoins the State to promote international peace, security, and respect for international law under the Directive Principles of State Policy.

Together, these provisions ensure that India’s external engagements and treaty obligations are exercised through constitutional channels and under legislative oversight.

Administrative and Diplomatic Implementation

The execution of functions under Article 260 requires close coordination between various organs of the Union Government, particularly the Ministry of External Affairs (MEA). The general administrative process includes:

1. Negotiation and Agreement: The MEA negotiates with the concerned foreign government to define the scope of India’s role in the foreign territory.
2. Legal Review: The Ministry of Law and Justice examines the agreement to ensure compliance with domestic and international law.
3. Execution and Oversight: Once an agreement is ratified, relevant Indian authorities or missions undertake the specified functions, subject to periodic review.

Examples of potential administrative applications include India’s participation in international peacekeeping operations, cooperation in maritime security, or provision of technical and judicial assistance to partner countries under bilateral agreements.

Judicial Context and Interpretation

There have been no major Supreme Court judgments directly interpreting Article 260. However, judicial principles derived from related cases involving foreign jurisdiction, international law, and treaty implementation have provided interpretive guidance.
Cases such as Maganbhai Ishwarbhai Patel v. Union of India (1969), which dealt with the implementation of international agreements, and Jolly George Varghese v. Bank of Cochin (1980), concerning the application of international covenants, underline the judiciary’s stance that international commitments must align with the Indian Constitution and statutory law.
The judiciary thus upholds that Article 260 cannot be used to justify any executive action that contravenes constitutional limitations or undermines fundamental rights.

Historical and Political Context

Article 260 reflects India’s post-independence aspiration to establish itself as a sovereign, responsible member of the international community. It was included to enable India to fulfil potential obligations under international law and to cooperate in global governance initiatives.
The provision was influenced by colonial precedents, such as the British practice of exercising jurisdiction in protectorates and foreign territories under treaties. However, unlike colonial arrangements, Article 260 is based on mutual consent and sovereign equality, consistent with the democratic and federal principles of the Indian Constitution.

Practical Implications

Although seldom invoked, Article 260 has significant potential in facilitating international cooperation. Its practical applications include:

• Entering agreements for the administration of Indian missions or territories temporarily under Indian management.
• Providing judicial or legal assistance to foreign territories under bilateral or multilateral frameworks.
• Assisting in law enforcement or maritime regulation in shared or international zones.
• Enabling technical and developmental cooperation with partner countries through formal agreements.

These arrangements strengthen India’s diplomatic relations and enhance its capacity to contribute to international governance and peacekeeping operations.

Limitations and Safeguards

Article 260 operates within clear constitutional and legal boundaries:

• Subject to Domestic Law: The Government of India can act only in accordance with laws governing foreign jurisdiction, ensuring legal and constitutional consistency.
• Consent and Reciprocity: Agreements must be based on mutual consent between India and the foreign government concerned.
• No Violation of Rights: Actions undertaken cannot contravene fundamental rights or constitutional guarantees.
• Parliamentary Oversight: Any long-term or substantial engagement abroad must comply with laws enacted by Parliament, ensuring accountability.

These safeguards prevent misuse of the provision and preserve India’s sovereignty while enabling constructive international engagement.