Modernizing India's Maritime Laws: A Critique of Centralization and Executive Discretion
UPSC Relevance
Prelims: Indian Economy (Infrastructure - Ports, Shipping); Indian Polity and Governance (Federalism, Centre-State Relations, Seventh Schedule, Key Legislations).
Mains:
General Studies Paper 2 (Polity & Governance): Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure; Separation of powers; Important aspects of governance (executive discretion vs. rule of law).
General Studies Paper 3 (Economy/Infrastructure): Infrastructure: Ports, Shipping.
Key Highlights from the News
India's maritime laws were modernized by passing a set of new laws including the Indian Ports Bill, 2025, the Merchant Shipping Act, 2025, and the Coastal Shipping Act, 2025.
The stated goals are to ease business and streamline maritime governance.
However, these new laws have faced several criticisms. Key criticisms:
Indian Ports Bill: Centralizes power regarding ports with the Union, usurping state powers (centralising power). This goes against federal principles. Excluding civil courts for dispute resolution may lead to denial of justice.
Merchant Shipping Act: Allowing foreign participation in the ownership of Indian-flagged vessels could turn India into a "flag-of-convenience" country.
Coastal Shipping Act: Grants the government sweeping discretion to license foreign vessels for coastal shipping (cabotage).
While modernization of laws is necessary, the article argues that the new laws give excessive power to the executive, disrupt the federal balance, and will adversely affect small operators.
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