Article 260 of the Costitution of India with Case law
Here is a detailed explanation of Article 260 of the Constitution of India, along with relevant case law:
📜 Article 260 – Constitution of India
“Jurisdiction of the Union in relation to territories outside India”
✅ Text of Article 260:
“The Government of India may by agreement with the Government of any territory not being part of the territory of India undertake any executive, legislative or judicial functions vested in the Government of such territory, but every such agreement shall be subject to, and governed by, any law relating to the exercise of foreign jurisdiction for the time being in force.”
🔍 Key Features of Article 260:
| Feature | Description |
|---|---|
| Who may act? | Government of India (i.e., the Union Executive) |
| With whom? | Government of any foreign territory |
| What powers? | Executive, legislative or judicial functions |
| Purpose | To assist or perform functions for a foreign government |
| Subject to | Indian laws on foreign jurisdiction (e.g., Foreign Jurisdiction Act) |
🧠 Importance of Article 260:
Allows India to legally undertake responsibilities for external territories with consent.
Enables agreements for:
Running consular or administrative functions abroad
Assisting dependent or transitioning territories
Handling judicial/executive duties for microstates or protectorates (historically relevant)
📌 Historical Background:
Article 260 is derived from colonial-era practices when the British Government in India carried out administrative functions for nearby protectorates (like Bhutan, Nepal, and the Persian Gulf states).
⚖️ Relevant Case Law and Commentary:
While Article 260 has not been the subject of many direct Supreme Court decisions due to its rare use, it has been referenced in legal commentaries and in cases involving external jurisdiction, especially in the context of:
1. In re: Berubari Union Case (1960)
Citation: AIR 1960 SC 845
Context: Relates to the ceding of Indian territory to Pakistan.
Held: India cannot cede territory without a constitutional amendment under Article 368.
Relevance to Article 260: Though not directly on Article 260, the case established that international agreements involving Indian sovereignty need constitutional and legal backing, highlighting the importance of legislative oversight even in cases involving Article 260.
2. Maganbhai Ishwarbhai Patel v. Union of India
Citation: AIR 1969 SC 783
Facts: Agreement with Rann of Kutch (Pakistan boundary dispute).
Held: An executive agreement is valid under international law, but where rights of Indian citizens are affected, it must be backed by law.
Relevance: Clarifies the constitutional limits of executive power in foreign agreements, indirectly relevant to Article 260 agreements.
⚙️ Practical Uses of Article 260:
Though rarely invoked, it can theoretically be used when:
A foreign country lacks full administrative/judicial machinery, and requests India's help.
India enters into temporary or emergency arrangements with a friendly country (e.g., war, disaster aid).
Assisting in legal processes for dependent territories or under treaty obligations.
📚 Summary Table:
| Aspect | Description |
|---|---|
| Applies to | Agreements between India and foreign territories |
| Permits | India to exercise executive, legislative or judicial functions |
| Subject to | Indian law governing foreign jurisdiction |
| Legal requirement | Must be under a law – typically the Foreign Jurisdiction Act, 1947 |
| Judicial Oversight? | Yes, if citizens' rights or sovereignty are impacted |
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