What is Article 260 of indian constitution

www.hinsoli.com July 06, 2025

What is Article 260 of Indian constitution

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.