Article 364 of Indian Constitution empowers the President the authority to issue notifications that exempt certain laws, made by Parliament or state legislatures, from applying to major ports or aerodromes or to modify their application. The President can also alter the effect of existing laws within these areas. It defines "major port" as one declared by Parliament or existing law and "aerodrome" as defined under relevant air navigation laws. Explore in-depth analysis of other Constitutional Articles.

Article 364 of Indian Constitution

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-- 

• 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
• 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--

• "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
• "aerodrome" means aerodrome as defined for the purposes of the enactment's relating to airways, aircraft and air navigation.

Note: “The information on Article 364 of Indian Constitution provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

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Article 364 of Indian Constitution empowers the President of India to exclude or modify the application of any law- 

• whether enacted by Parliament or a State Legislature
• to major ports or aerodromes

This is a non obstante clause that means that it overrides other constitutional provisions. It allows a degree of administrative and legal flexibility in regulating and managing important strategic infrastructures.

Article 364 of Indian Constitution Significance

The significance of Article 364 of Indian Constitution under Part XIX is an important provision that provides the President with the power to ensure smooth governance of major ports and aerodromes in India. This flexibility is essential to address specific regional, security and economic challenges efficiently. The provision serves to protect national interests and maintain centralized control over vital infrastructure.

• National Interest and Security: Major ports and aerodromes plays an important role in logistics, economy and defense. Article 364 of Constitution enables the President to make rapid legal adjustments. It addresses urgent challenges without waiting for legislative amendments.
• Centralized Governance: Article 364 of the Indian Constitution ensures that critical infrastructure like ports (e.g., Mumbai, Chennai) and airports (e.g., Delhi, Mumbai) remain under direct central authority which avoids conflicts originating from varying state-level regulations.
• Legal Flexibility: The President under Article 364 of Indian Constitution has the authority to modify or revoke orders. It allows for dynamic responses to changing circumstances, such as natural disasters, security concerns or shifts in international trade policies

Although there are limited direct judicial pronouncements specifically on Article 364 of Indian Constitution but the Courts have generally upheld the principle that “non obstante” clauses override inconsistent legal provisions. It reinforces the overriding authority of the President under Article 364.

Conclusion

Article 364 of Indian Constitution ensures administrative flexibility and centralized control over major ports and aerodromes, which are important to national infrastructure, security and economic interests. By empowering the President to modify or exclude the application of laws in these areas, it allows the government to respond swiftly to strategic and operational needs while maintaining uniformity and efficiency in governance.