Special provisions as to major ports and aerodromes

Quick Summary (TL;DR)

Article 364 (Special provisions as to major ports and aerodromes): Governs constitutional immunities, press reporting of legislatures, definitions, and interpretation rules under Part XIX.

In Simple Citizen Words

Article 364 ('Special provisions as to major ports and aerodromes') in Part XIX (Miscellaneous, Articles 361–367) covers vital structural rules: official functional immunity of the President and Governors while allowing citizens to sue the Government of India or State Government directly (Art 361), press freedom to publish true reports of Parliamentary and Assembly proceedings (Art 361A), anti-defection bar on remunerative political posts (Art 361B), abolition of privy purses of former princely rulers (Art 363A), and master constitutional definitions (Arts 366–367). Specifically: (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 — (a) any law made by Parliament or by the Legislature of a State shall...

Key Constitutional Provisions

Constitutional Mandate (Art. 364): Directly codifies the legal rule for 'Special provisions as to major ports and aerodromes' under Part XIX

Structured across 2 clause(s) and 4 sub-clause(s) with clear procedural conditions

Requires transparent Parliamentary law-making and democratic accountability rather than arbitrary executive action

Exceptions & Reasonable Restrictions

Even under Article 361, the second proviso explicitly guarantees that nothing restricts the right of any person to bring appropriate legal proceedings against the Government of India or the Government of a State (and in Rameshwar Prasad, 2006, the SC held that gubernatorial orders remain open to judicial review).

Why This Matters in Daily Life

Abolished feudal royal privileges (privy purses), protected honest journalism covering Parliament, and standardized legal definitions across the Constitution.

Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates:

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Dr. B. R. Ambedkar & Alladi Krishnaswamy Iyer

Drafting Committee Jurists • September 8 & October 14, 1949

🏛️ Constituent Assembly Debates (1946–1949)

Core Constitutional Debate & Dilemma

Framing context for Article 364: Codifying official functional immunities, abolishing feudal privy purses (26th Amendment), protecting press publication of parliamentary debates (Art 361A), and standardizing legal definitions (Art 366).

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"While the head of State enjoys functional immunity during office, the second proviso to Article 361 ensures that the citizen's right to sue the Government of India or a State Government in a court of law remains completely unimpaired."

Assembly Resolution & Final Synthesis

Constitutional resolution in Article 364: Enacted Part XIX (Articles 361–367) establishing constitutional definitions, press immunity for true legislative reports, and abolition of royal titles/purses.

🏛️ Constitutional Significance: During the Constituent Assembly deliberations, Article 364 was codified as an integral pillar of India's constitutional governance.

Official Constitutional Text (Gazette Bare Act)

Authoritative statutory text as enacted and amended by Parliament • Clause-by-Clause Statutory Breakdown

India Code • Govt. of India Archive

Clause (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 —

Sub-clause (a)

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

Sub-clause (b)

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.

Clause (2)

In this article —

Sub-clause (a)

“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;

Sub-clause (b)

“aerodrome” means aerodrome as defined for the purposes of the enactments relating to airways, aircraft and air navigation.

Public Domain & Statutory Authenticity Notice

Under Section 52(1)(q) of the Indian Copyright Act, 1957, the Constitution of India, Bare Acts of Parliament, Gazette Notifications, and Judicial Judgments of the Supreme Court and High Courts are in the Public Domain. Text is reproduced from the official Legislative Department, Ministry of Law & Justice, Government of India (India Code) archives.

Then vs Now: Constitutional Evolution & Visual Diff

Special provisions as to major ports and aerodromes

🟢 Original 1950 Text Intact (Zero Textual Repeal) Baseline: Jan 26, 1950 → Today

ORIGINAL BASELINE (1950)

Enacted on 26 January 1950 by the Constituent Assembly of India. The foundational constitutional text of Article 364 (Special provisions as to major ports and aerodromes) has remained intact since Day 1 without parliamentary deletion or repeal.

CURRENT ENFORCEABLE STATUS (TODAY)

100% Original 1950 Text Enforceable Today: Article 364 (Special provisions as to major ports and aerodromes): Governs constitutional immunities, press reporting of legislatures, definitions, and interpretation rules under Part XIX.

Key Amendment Milestones & Textual Modifications

Original Enactment by the Constituent Assembly

Year 1950

Why it happened: Crafted by the Founding Fathers & Mothers with enduring constitutional clarity; its core text has stood untouched for over 75 years.

                                    Status: 🟢 Unchanged Since 26 January 1950 — Original Constitutional Mandate Preserved Intact                                

Article 363A Ask Nyaya Saarthi AI About This Article Article 365

Emergency Citizen Helplines

Special provisions as to major ports and aerodromes

Official Constitutional Text (Gazette Bare Act)

Then vs Now: Constitutional Evolution & Visual Diff

Key Amendment Milestones & Textual Modifications