What is Maritime Federalism / Centre-State Relations?
Historical Background
Key Points
7 points- 1.
Seventh Schedule of the Constitution delineates powers: Union List (List I) includes Entry 27Major Ports, Entry 25Shipping and navigation on inland waterways, subject to the provisions of the Union List with respect to navigation on national waterways, Entry 26Lighthouses. State List (List II) includes Entry 30Ports other than major ports and Entry 21Fisheries within territorial waters.
- 2.
Article 246 outlines the distribution of legislative powers between the Union and States.
- 3.
Article 256 mandates that the executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union.
- 4.
Article 257 grants the Union control over States in certain cases, including the construction and maintenance of means of communication declared to be of national or military importance.
- 5.
Major ports are managed by the Union government (e.g., via Major Port Authorities Act 2021), while non-major ports are under the administrative control of state governments.
- 6.
Coastal security involves both Union agencies (Indian Navy, Indian Coast Guard) and State agencies (Marine Police), necessitating close coordination.
- 7.
Conflicts often arise over jurisdiction, revenue sharing, and policy implementation in areas like port development and coastal zone management.
Visual Insights
Maritime Federalism: Union vs. State Powers in India (2025)
This comparison table delineates the division of legislative, executive, and financial powers between the Union and coastal state governments in India's maritime domain, highlighting the constitutional basis and recent shifts, particularly with the establishment of BOPS.
| Aspect | Union Government Jurisdiction | State Government Jurisdiction |
|---|---|---|
| Constitutional Basis (Seventh Schedule) | Union List (List I): Entry 27 (Major Ports), Entry 25 (Shipping & Navigation on National Waterways), Entry 26 (Lighthouses), Entry 2 (Defence) | State List (List II): Entry 30 (Ports other than major ports), Entry 21 (Fisheries within territorial waters), Entry 1 (Public Order) |
| Port Management | Major Ports (e.g., Mumbai, Chennai) via Major Port Authorities Act 2021 | Non-Major Ports (e.g., Mundra, Pipavav) via State Maritime Boards/Acts |
| Coastal Security | Indian Navy (Outer Layer), Indian Coast Guard (Middle Layer), BOPS (Port Security Oversight), Central Intelligence Agencies | Marine Police (Inner Layer), Law & Order in territorial waters, Local intelligence |
| Legislation | Merchant Shipping Act 2025, Coast Guard Act 1978, Territorial Waters Act 1976, Customs Act 1962 | State Port Acts, State Fisheries Acts, State Police Acts |
| Resource Exploitation | Exclusive Economic Zone (EEZ) resources, Deep-sea mining, Offshore oil & gas exploration | Fisheries within territorial waters, Coastal Zone Management (implementation), Minor mineral extraction in coastal areas |
| Recent Developments & Challenges | Increased Union authority over non-major ports via BOPS (Merchant Shipping Act 2025), aiming for unified security standards | Concerns from coastal states on 'maritime federalism' regarding perceived encroachment on state autonomy over non-major ports |
Recent Developments
4 developmentsThe establishment of the Bureau of Port Security (BOPS) under the new Merchant Shipping Act 2025 has drawn criticism from some coastal states.
Concerns have been raised about increased Union government authority over non-major ports, which traditionally fall under state jurisdiction.
This move is perceived by some states as an encroachment on their autonomy and a shift in the balance of power in maritime governance.
The debate highlights the ongoing tension and need for cooperative federalism in managing India's vast coastline and maritime resources.