📜 Article 260 of the Indian Constitution
Title: Jurisdiction of the Union in relation to territories outside India
Part XI – Relations Between the Union and the States
Chapter II – Administrative Relations
🔍 Text Summary of Article 260:
The Government of India may, by agreement with the government of any foreign territory, undertake any executive, legislative or judicial functions in that territory — as long as it is not inconsistent with Indian laws.
🧠 Key Features of Article 260:
| 🔍 Aspect | ✅ Details |
|---|---|
| 🌐 Scope | Extends India’s jurisdiction or functions outside its territory |
| 🤝 Condition | Must be based on agreement with the foreign government |
| 🏛️ Types of Functions | Executive, legislative, or judicial functions |
| ⚖️ Limitation | Cannot be inconsistent with Indian laws |
| 🛡️ Use Case | For strategic cooperation, military assistance, or administrative collaboration with foreign nations |
🧪 Example Scenarios:
| 🌍 Scenario | ⚖️ Application of Article 260 |
|---|---|
| India agrees to help administer a UN Trust Territory or refugee camp abroad | ✅ Can undertake executive/judicial duties |
| Indian court agrees to assist in trial of a foreign national under international treaty | ✅ Allowed under judicial function |
| India manages or supports development projects in another country (like Bhutan or Nepal) | ✅ With agreement, executive functions can be carried out |
🔁 Related Provisions:
| 📘 Article | 📌 Subject |
|---|---|
| Article 260 | Union's power to perform functions outside India |
| Article 253 | Parliament can legislate for international treaties |
| Article 51 | India’s duty to promote international peace and cooperation |
🧠 In Simple Words:
Article 260 empowers the Government of India to help run or support the governance of a foreign territory, if that country agrees, and as long as it's legal under Indian law.
Here is a 📊 Comparison Chart of Article 260 vs Article 253 — both deal with India’s international role and legal actions beyond its borders:
⚖️ Chart: Article 260 vs Article 253 of the Indian Constitution
| 🔢 Aspect | 🟩 Article 260 | 🟦 Article 253 |
|---|---|---|
| 📘 Title | Jurisdiction of the Union in relation to territories outside India | Legislation for giving effect to international agreements |
| 🌍 Scope | Union may perform executive, legislative, or judicial functions abroad | Parliament can make laws to implement international treaties or agreements |
| 🤝 Condition Required | Mutual agreement with a foreign government | Requires an international treaty, convention, or agreement |
| ⚖️ Function Type | Administrative action (executive/judicial/legislative) outside India | Legislative power within India (even on State List matters) |
| 🧾 Example | India undertakes judicial role in a foreign territory with consent | Parliament enacts Biodiversity Act based on UN Convention on Biodiversity |
| 🛑 Limitation | Must not be inconsistent with Indian laws | Can override State powers in national interest |
| 📍 Territorial Reach | Applies outside India | Applies within India for global obligations |
| 🧠 Purpose | Facilitate international cooperation and governance | Fulfil international commitments or treaties |
🔁 Quick Summary Table
| 💡 Feature | 🟩 Article 260 | 🟦 Article 253 |
|---|---|---|
| 📍 Applies to territory | Outside India | Within India |
| ⚙️ Type of action | Executive / Judicial / Legislative | Legislative |
| 📜 Based on | Agreement with foreign govt. | International treaty/convention |
| 🔓 Overrides State List? | ❌ No | ✅ Yes |
🧠 In Simple Words:
-
Article 260 → Allows India to administer or perform functions in another country with that country’s agreement.
-
Article 253 → Allows Parliament to make laws in India to honor international obligations.
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