Article 297

Article 297 of the Constitution of India establishes that all natural resources and valuable materials located within India’s territorial waters, continental shelf, and exclusive economic zone (EEZ) belong to the Union Government. This article is of immense strategic, economic, and environmental significance, as it ensures that the ownership and management of maritime resources remain under the control of the central authority, thereby serving the collective interest of the nation.

Constitutional Objective and Background

The inclusion of Article 297 in the Constitution was intended to assert India’s sovereign rights over maritime zones and resources and to prevent any conflict of jurisdiction between the Union and the States. As maritime areas and their resources have national and international implications, it was necessary to vest their ownership and control in the Union Government.
The provision reflects India’s compliance with international maritime principles and the United Nations Convention on the Law of the Sea (UNCLOS), which recognises the sovereign rights of coastal nations over their territorial waters, continental shelves, and EEZs.

Key Provisions of Article 297

Article 297 consists of three main clauses defining the ownership, control, and legislative determination of maritime zones:
Clause (1): Ownership of ResourcesAll lands, minerals, and other valuable things lying beneath the ocean within India’s territorial waters, continental shelf, or exclusive economic zone (EEZ) belong to the Union of India. These resources are vested in the Union for the purposes of the Union, meaning that they are to be managed and utilised by the Central Government in the national interest.
Clause (2): Resources in the Exclusive Economic ZoneThis clause extends Union ownership to all other resources—both living and non-living—found within India’s EEZ. This includes marine life such as fish and aquatic organisms, as well as mineral and hydrocarbon resources such as oil, gas, and polymetallic nodules.
Clause (3): Determination of Maritime LimitsThe limits of the territorial waters, continental shelf, EEZ, and other maritime zones of India are to be determined by laws made by Parliament. This ensures that any extension or alteration of these limits remains within the purview of the national legislature, maintaining uniformity with international law.

Key Terms and Definitions

Territorial Waters: These extend up to 12 nautical miles (approximately 22.2 kilometres) from the baseline, usually measured from the low-water line along the coast. India exercises full sovereignty over these waters, including the seabed, subsoil, and airspace above.
Continental Shelf: The continental shelf refers to the submerged landmass that extends beyond the territorial sea to the outer edge of the continental margin or up to 200 nautical miles from the baseline, whichever is farther. It is rich in hydrocarbons, minerals, and other natural resources.
Exclusive Economic Zone (EEZ): The EEZ extends up to 200 nautical miles from the baseline. Within this area, India enjoys sovereign rights for exploration, exploitation, conservation, and management of natural resources, including fisheries, energy, and minerals, while allowing freedom of navigation and overflight to other nations as per international law.

Legislative Framework

The Indian Parliament exercises exclusive power to legislate on matters related to territorial waters and maritime zones under Entry 57 of the Union List (List I) of the Seventh Schedule.
The principal legislation enacted to operationalise Article 297 is the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976. This Act:

• Defines the extent of India’s territorial waters, continental shelf, and EEZ.
• Regulates exploration, exploitation, and conservation of marine resources.
• Provides for the control and management of maritime activities in accordance with international obligations.
• Aligns India’s maritime jurisdiction with UNCLOS principles.

Judicial Interpretations and Case Law

The Indian judiciary has interpreted Article 297 in several decisions, affirming the Union’s exclusive ownership and jurisdiction over maritime resources:

• In re: The Berubari Union Case (1960): The Supreme Court held that matters concerning India’s territorial boundaries and waters fall exclusively within the jurisdiction of Parliament, underlining the Union’s sovereign authority.
• State of Gujarat v. Union of India (1969): The Court clarified that the seabed, subsoil, and resources within the territorial waters and continental shelf do not belong to coastal States but vest in the Union. The judgment reaffirmed that coastal States cannot claim ownership or taxation rights over offshore oil and gas resources.
• Oil and Natural Gas Commission v. Association of Natural Gas Consuming Industries of Gujarat (1990): The Supreme Court reiterated that natural resources beneath the seabed, including petroleum and natural gas, belong to the Union Government, and States cannot impose levies or royalties on them.

These rulings have consistently upheld the Union’s supremacy over maritime zones, ensuring a unified and consistent approach to resource management.

Economic and Strategic Significance

Article 297 has considerable economic and geopolitical importance, as it vests ownership of some of India’s most valuable natural resources in the Union Government.

1. Energy and Resource Development:
   • Offshore oil and gas fields located within India’s continental shelf and EEZ form a critical part of India’s energy supply.
   • The article enables centralised regulation of exploration and extraction activities, ensuring equitable resource utilisation.
2. Environmental and Marine Management:
   • Centralised control facilitates better regulation of marine conservation, pollution control, and sustainable resource management.
3. National Security:
   • Control of maritime zones is vital for maintaining sovereignty, coastal security, and strategic defence against external threats.
4. Scientific Research and Development:
   • The article empowers the Union to coordinate marine scientific exploration and technological advancement in collaboration with international bodies.

Relationship with Other Constitutional Provisions

Article 297 is closely linked to several other provisions:

• Article 294 and 295: Deal with succession to property and assets belonging to the pre-Constitution governments and princely states.
• Article 296: Relates to property accruing by escheat, lapse, or as bona vacantia.
• Entry 57 of the Union List: Grants Parliament the power to legislate on maritime matters.
• Article 73: Extends the executive power of the Union to subjects over which Parliament has authority, including maritime resources.

Together, these provisions form a coherent framework for managing India’s sovereign territory and resources on land and at sea.

Implementation through Policy and Administration

The Union Government, primarily through the Ministry of Earth Sciences, Ministry of Petroleum and Natural Gas, and Ministry of Defence, administers India’s maritime zones and resource management. Key initiatives include:

• The National Offshore Wind Energy Policy (2015) for renewable energy generation.
• The Deep Ocean Mission, aimed at exploring seabed resources and developing deep-sea technologies.
• The Sagarmala Project, enhancing port-led development and maritime infrastructure.

These policies align with Article 297’s mandate to utilise maritime resources for national development and sustainability.

Significance in India’s Federal and International Context

By vesting maritime resources in the Union, Article 297 promotes national unity and equitable benefit-sharing from ocean-based wealth. It prevents jurisdictional conflicts between coastal States and ensures compliance with international maritime law.It also reinforces India’s position as a maritime nation, capable of protecting and utilising its vast oceanic resources responsibly and strategically.