The Constitution of India
Article 364
Special provisions as to major ports and aerodromes
(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 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
(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.
(2) In this article —
(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;
(b) “aerodrome” means aerodrome as defined for the purposes of the enactments relating to airways, aircraft and air navigation.
Why this exists
Major ports and aerodromes are critical national infrastructure that often need uniform, specialised regulation rather than a patchwork of overlapping central and state laws. Article 364 gives the President a targeted tool to switch off or modify the application of particular laws at these sites through a notification, without needing a constitutional amendment each time. It reflects the framers' recognition that ports and airports serve national economic and strategic functions requiring flexible, centrally coordinated legal treatment.
Common misconceptions
- Myth: The President can use Article 364 to exempt ports and airports from the Constitution itself.
Fact: Article 364 only allows the President to modify how ordinary laws (made by Parliament, State Legislatures, or pre-existing laws) apply to major ports and aerodromes—it doesn't touch constitutional provisions themselves. - Myth: Any port or airport can be covered under Article 364.
Fact: The Article specifically applies only to 'major ports' (as declared by law) and 'aerodromes' (as defined in aviation laws), not to every port or airstrip.