Article 282 of the Costitution of India with Case law
Article 297 of the Constitution of India
— Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union
📜 Text of Article 297:
All lands, minerals and other things of value underlying the ocean within the territorial waters, or the continental shelf, or the exclusive economic zone (EEZ) of India shall vest in the Union, and shall be held for the purposes of the Union.
🧾 Essence of Article 297:
| Aspect | Detail |
|---|---|
| What vests in the Union | All natural resources in the territorial waters, continental shelf, and EEZ |
| Includes | Oil, natural gas, minerals, fish, corals, etc. |
| Applies to | Both land and subsoil beneath water (marine resources) |
| Held for | Union of India, for national interest and benefit |
🌊 Key Zones Covered by Article 297:
Territorial Waters: Up to 12 nautical miles from the baseline (shoreline)
Contiguous Zone: Between 12 to 24 nautical miles
Exclusive Economic Zone (EEZ): Between 12 to 200 nautical miles
Continental Shelf: Underwater landmass extending from the continent
⚖️ Important Case Laws Related to Article 297:
🧑⚖️ **1. Chief Inspector of Mines v. Karam Chand Thapar (1961)
Citation: AIR 1961 SC 838
Issue: Ownership of minerals from seabed mining
Held: Article 297 ensures Union ownership of mines and minerals in the seabed and ocean bed within territorial waters.
🧑⚖️ **2. Union of India v. H. S. Dhillon (1972)
Citation: AIR 1972 SC 1061
Issue: Taxation power of the Union with respect to seabed resources
Held: Parliament has power to tax resources vested in the Union under Article 297.
🧑⚖️ **3. ONGC v. Association of Natural Gas Consuming Industries of Gujarat (2002)
Citation: (2002) 10 SCC 491
Issue: Whether natural gas from offshore wells belongs to Union or States
Held: Offshore gas fields located in territorial waters and continental shelf vest in the Union, under Article 297.
🧑⚖️ **4. Reliance Natural Resources Ltd. v. Reliance Industries Ltd. (2010)
Citation: (2010) 7 SCC 1
Held: Natural gas and resources in seabed are national assets and vest in the Union, which controls pricing and allocation.
✅ Key Takeaways:
| Topic | Details |
|---|---|
| Who owns offshore resources? | The Union Government (not the States) |
| Includes | Oil, gas, minerals, marine life, corals, etc. |
| Used for | National development, defense, strategic reserves |
| Judicial View | States have no claim over these resources |
| Significance | Strengthens economic sovereignty and supports marine governance |
🛢️ Examples of Application:
Allocation of oil blocks in KG Basin or Mumbai High by Government of India.
ONGC and private companies operate under Union permits for resource extraction.
Revenue from marine resources goes to Union Consolidated Fund, not State funds.
🔄 Related Articles:
| Article | Content |
|---|---|
| Article 296 | Property that escheats or lapses to the State or Union |
| Article 298 | Power of Union/State to carry on trade or business |
| Article 297 | Vests marine and offshore resources in the Union |
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