Introduction

The Indian Constitution is the supreme law of the land, providing the framework for the governance of India. It lays down the rights and duties of citizens, as well as the powers and functions of the government. Article 297 of the Indian Constitution is a significant provision that deals with the ownership and control of things of value within the territorial waters, continental shelf, and exclusive economic zone of India.

Understanding Article 297

Article 297 states that all rights, title, and interest in any minerals, oil, or natural gas situated in the territorial waters or the continental shelf of India, or the exclusive economic zone of India, vests in the Union government. This means that the Union government has the authority to explore, exploit, and manage these resources for the benefit of the nation.

The territorial waters of India extend up to 12 nautical miles from the baseline of the coast, while the continental shelf refers to the seabed and subsoil of the submarine areas adjacent to the coast. The exclusive economic zone (EEZ) extends up to 200 nautical miles from the baseline of the coast and includes both the territorial waters and the continental shelf.

Reasons for Vesting in the Union

There are several reasons why Article 297 vests the ownership and control of things of value within the territorial waters, continental shelf, and exclusive economic zone in the Union government:

1. National Interest

By vesting these resources in the Union, the government ensures that they are utilized in the best interest of the nation as a whole. It allows for a centralized approach to their management, ensuring equitable distribution of benefits and preventing any undue exploitation by individual states or private entities.

2. Strategic Importance

Minerals, oil, and natural gas are valuable resources that have significant strategic importance. By vesting their ownership in the Union government, it ensures that these resources are protected and used judiciously to meet the country's energy needs and strategic requirements.

3. International Obligations

India, as a signatory to the United Nations Convention on the Law of the Sea (UNCLOS), has certain obligations regarding the exploration and exploitation of resources within its exclusive economic zone. By vesting the rights in the Union government, it ensures compliance with international laws and regulations.

4. Uniform Policies and Regulations

Vesting the ownership and control in the Union allows for the formulation of uniform policies and regulations for the exploration, exploitation, and management of these resources. It avoids any confusion or conflicts that may arise if each state had independent control over these valuable assets.

Implications of Article 297

Article 297 has several implications for the governance of things of value within the territorial waters, continental shelf, and exclusive economic zone:

1. Licensing and Regulation

The Union government is responsible for granting licenses and regulating the exploration and exploitation of minerals, oil, and natural gas within these areas. It ensures that these activities are carried out in a controlled and sustainable manner, balancing economic development with environmental concerns.

2. Revenue Generation

By vesting the ownership in the Union, the government has the authority to collect revenue from the extraction and sale of these resources. This revenue can then be utilized for the development of the country and the welfare of its citizens.

3. Environmental Protection

The Union government, through its control over these resources, can implement measures to protect the marine environment and prevent any damage caused by exploration and exploitation activities. It can enforce regulations to ensure that these activities are carried out in an environmentally responsible manner.

4. International Relations

Article 297 also has implications for India's international relations. The Union government, as the custodian of these resources, represents the country's interests in negotiations and agreements related to the exploration and exploitation of resources in its exclusive economic zone.

Conclusion

Article 297 of the Indian Constitution plays a crucial role in the ownership and control of things of value within the territorial waters, continental shelf, and exclusive economic zone. By vesting these rights in the Union government, it ensures their proper management, equitable distribution of benefits, and compliance with international obligations. This provision allows for the sustainable utilization of these resources for the development and welfare of the nation.