Article 364

Article 364 of the Constitution of India empowers the President to make special provisions concerning the application of laws to major ports and aerodromes. The article ensures that these strategically important and economically vital infrastructures can be administered with flexibility to suit national interests, security needs, and operational efficiency.

Background and Constitutional Context

At the time of the framing of the Constitution, the governance and management of major ports and aerodromes were considered matters of national importance. These facilities were critical for defence, trade, transportation, and communication. Consequently, the framers of the Constitution provided a mechanism through Article 364 to enable the Union Government, through the President, to regulate the application of laws in these areas without requiring lengthy legislative processes.
This article reflects the framers’ intent to maintain centralised control over key strategic assets, ensuring uniformity in administration and safeguarding national security while accommodating regional and operational variations.

Text and Scope of Article 364

Article 364 consists of two main clauses outlining the President’s authority and the scope of his powers:
Clause (1): It authorises the President of India to issue a public notification concerning the application or exemption of laws to major ports and aerodromes. The President may direct that:

• Any law made by Parliament or a State Legislature shall not apply to a major port or aerodrome, or
• Such a law shall apply with exceptions or modifications specified in the notification.

Furthermore, the President may direct that:

• Any existing law shall cease to have effect, either wholly or partially, in relation to major ports or aerodromes, or
• Such law shall continue to apply subject to certain conditions, exceptions, or modifications.

The President may also specify that these directions shall not affect any prior action taken under the existing law before the commencement of the notification.
Clause (2): This clause clarifies that nothing in Article 364 affects the validity of any law already made or to be made by Parliament relating to major ports and aerodromes, thereby affirming Parliament’s supreme legislative competence in these areas.

Interpretation and Legal Meaning

Article 364 grants the President a delegated legislative power, exercised through public notification, to ensure adaptability in the administration of laws applicable to ports and aerodromes. The provision serves a dual function:

1. To maintain operational flexibility for facilities that have technical, logistical, and international dimensions; and
2. To uphold central oversight over infrastructure essential for the country’s defence and economic stability.

The terms “major port” and “aerodrome” are not defined within the Constitution itself. Their meanings are derived from statutory laws such as the Major Port Authorities Act, 2021 (which replaced the Major Port Trusts Act, 1963) and the Aircraft Act, 1934.

Relation with Other Constitutional Articles

Article 364 is closely linked with several other constitutional provisions:

• Article 73: Defines the extent of the Union’s executive power, which extends to matters over which Parliament has legislative competence.
• Article 246: Allocates legislative powers between the Union and the States; major ports and aerodromes fall within the Union List (List I) of the Seventh Schedule.
• Entry 27 and Entry 29, Union List: Confer exclusive legislative competence on Parliament over matters relating to shipping, navigation, and air transport.

Together, these provisions establish the central government’s constitutional authority over major ports and aerodromes, leaving limited legislative room for the states.

Significance and Purpose

Article 364 holds enduring importance in India’s constitutional and administrative framework. Its significance can be summarised as follows:

• Operational Flexibility: Enables the President to adapt laws to suit the evolving needs of major ports and aerodromes without requiring immediate legislative amendment.
• National Security: Ensures that strategic infrastructures critical to defence and international trade remain under unified control, preventing jurisdictional conflicts.
• Administrative Efficiency: Allows modifications or exemptions of laws to address practical issues, such as customs procedures, safety standards, and airspace management.
• Economic Stability: Facilitates the smooth functioning of ports and aerodromes, which are central to India’s trade, commerce, and connectivity.

Historical Context

The inclusion of Article 364 in the Constitution can be traced to post-colonial India’s need to maintain continuity in the regulation of ports and aerodromes, which had previously been governed under British colonial statutes. The framers recognised that these facilities served as both economic lifelines and defence assets, requiring a governance structure capable of swift legal and administrative adaptation.
In the early years of independence, the rapid expansion of civil aviation and maritime trade required frequent adjustments to regulatory frameworks. Article 364 thus served as a constitutional tool to enable quick executive action without constant legislative intervention.

Administrative and Legislative Implications

The power conferred upon the President under Article 364 can influence the operation of various laws relating to:

• Customs and Excise under the Customs Act, 1962;
• Shipping and Navigation under the Major Port Authorities Act, 2021;
• Civil Aviation under the Aircraft Act, 1934, and the Airports Authority of India Act, 1994;
• Environmental and Safety Regulations applicable to ports and aerodromes; and
• Trade and Security Regulations enforced through the Directorate General of Shipping or the Directorate General of Civil Aviation (DGCA).

The President’s notifications under this article are typically issued on the advice of the Union Council of Ministers, in accordance with Article 74, ensuring democratic accountability in the exercise of these powers.

Challenges and Constitutional Considerations

While Article 364 provides flexibility, its broad language raises potential constitutional questions:

• Federal Concerns: States may perceive the President’s power to modify or suspend laws as an encroachment upon their legislative domain, especially where ports or aerodromes are located within their territory.
• Judicial Review: Although presidential notifications under Article 364 are generally executive in nature, their validity could be questioned in court if alleged to violate constitutional provisions or fundamental rights.
• Transparency and Oversight: The absence of explicit procedural guidelines for issuing such notifications could invite debates about the need for greater legislative or parliamentary oversight.

Practical and Contemporary Relevance

In the contemporary era, Article 364 remains relevant in the context of:

• Expansion and privatisation of major ports under the Sagarmala Project;
• Modernisation and development of airports under the UDAN scheme and public-private partnerships;
• Strategic concerns involving naval bases, defence airfields, and dual-use infrastructure;
• Coordination between civil aviation, customs, immigration, and national security agencies.

The article thus continues to serve as a constitutional instrument that ensures adaptability and central coordination in the governance of key infrastructure sectors.

Absence of Judicial Precedent

As of 2025, there are no major Supreme Court judgments directly interpreting Article 364. This absence of litigation reflects both the limited scope of its application and the executive’s careful use of the power conferred under it. However, it also signifies the general acceptance of the President’s authority in this domain as constitutionally valid and practically necessary.