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| What is Article 364 of Indian constitution |
Article 364 of the Indian Constitution
Title: Special provisions as to major ports and aerodromes
🔷 Explanation of Article 364:
Article 364 empowers the President of India to make temporary transitional arrangements regarding:
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Services (like civil services, posts, telegraphs, telephones, etc.),
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Major ports, and
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Aerodromes (airports),
until these subjects are fully transferred under the jurisdiction of the Union Government as per the Constitution.
It was included to smoothly shift control of key infrastructure and services from provincial authorities (under British rule) to the Union Government after independence.
✅ Key Provisions of Article 364:
| Clause | Provision |
|---|---|
| (1) | Until laws are made by Parliament or provisions come into force: |
| 🔹 The President may issue orders declaring any service, port, or aerodrome to be under Union control. | |
| 🔹 He may also modify the application of laws related to them. | |
| (2) | Such Presidential orders have legal force and remain in effect until repealed or superseded by parliamentary law. |
🟢 Purpose of Article 364:
| Objective | Explanation |
|---|---|
| Transitional Power | To facilitate smooth transfer of administrative control after independence |
| Prevent legal gaps | Until Parliament legislates on the matter, the President can issue binding orders |
| Cover strategic assets | Applies to major ports, airports, telegraph, telephone, civil services, etc., which are of national importance |
📝 Example Use (Historical Context):
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After 1950, the President could temporarily bring Bombay Port Trust or Delhi Airport under Union control until Parliament passed appropriate laws.
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Ensured there was no administrative vacuum during transition.
⚠️ Current Relevance:
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Primarily transitional — seldom used today, as most such matters are now governed by detailed laws.
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Still remains in the Constitution to maintain continuity and cover any unforeseen legal gaps.
📌 Summary:
| Aspect | Details |
|---|---|
| Applies To | Services, ports, aerodromes, communications |
| Power Given To | President of India |
| Nature | Temporary and transitional |
| Status Today | ✅ Valid, but rarely invoked now |
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