What is innocent passage on the Law of the Sea? Examine the Indian position on this matter.
Innocent passage is a fundamental principle under the Law of the Sea, codified in Part II, Section 3 of the United Nations Convention on the Law of the Sea (UNCLOS). It allows ships of all states, including landlocked ones, to navigate continuously and expeditiously through the territorial sea of another state without entering internal waters, or while proceeding to or from internal waters, roadsteads, or ports outside internal waters.
Passage is considered “innocent” as long as it does not threaten the peace, good order, or security of the coastal state. Article 19 of UNCLOS lists actions that render passage non-innocent, including use or threat of force, weapons exercises, espionage, propaganda, fishing, serious pollution, unauthorized research, or any act unrelated to transit. Submarines must navigate on the surface and display their flags.
Indian Position: India, a signatory to UNCLOS, incorporates these principles through the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976. India recognizes the right of innocent passage for foreign ships, provided it remains genuinely innocent. Simultaneously, India reserves the right to enforce its customs, fiscal, immigration, or sanitary laws within the territorial sea. While generally respecting freedom of navigation, India prioritizes national security and environmental protection, scrutinizing passages perceived as threats. Debates over warship movements illustrate this balance between navigational freedom and sovereign rights, reflecting India’s commitment to UNCLOS while safeguarding its maritime interests.
Answered By:
Sarvesh Jha
Sarvesh Jha is a seasoned government exam mentor with firsthand success in top exams like IBPS PO, SBI PO, CDS, RRB JE, SSC CGL, BPSC, and CTET. Known for his deep conceptual clarity and strategic approach, he has guided over 5000 students through personalized mentorship. He has been creating well researched content for last 5 years.
Similar Questions
Where does the Constitution of India vest executive power with respect to subject-matters in the Concurrent List over which both the Union and States have legislative powers? Explain.
If Article 21 confers on a person the right to live a dignified life, does it also include a right not to live ? Examine the Constitutional Provisions with the help of decided case laws.
"It is often said that the decision of the Supreme Court in L. Chandra Kumar Vs. Union of India (1997) has defeated the very raison d'etre of establishing administrative tribunals in India." Discuss.
"The doctrine of Separation of Powers in its classical structural form is not followed in any country." Critically evaluate this statement with reasons.
Critically examine, with the help of decided cases, the power of the President to consult the Supreme Court.
"The Directive Principles of State Policy are fundamental in the governance of the country, and it shall be the duty of the State to apply these Principles in making laws." Illustrate the legislations, which have been enacted for the implementation of Directive Principles.
"It is significant that the State shall secure the operation of legal system to promote justice on the basis of equal opportunity." Examine the provisions under the Constitution and Legal Services Authorities Act, 1987.
What are the powers, privileges and immunities of Houses of Parliament in India? Do they have the power to expel any of their members for breach of privileges? If so, are such expulsions subject to judicial review ? Discuss.
"In any democratic society, judicial review of administrative action is the soul of the system. Without it, democracy, and rule of law cannot be maintained." Explain with example.
"It was claimed in the Constituent Assembly that the Constitution of India has in fact, laid down a very 'facile' procedure for the amendment of the Constitution." Do you think the Doctrine of Basic Structure significantly limits the amending power under Article 368? Elucidate.
Important Questions from Miscellaneous
Write a note in 150 words
Mendelian and non-Mendelian traits.Write a note in 150 words
Theoretical significance of Purum kinship-system.Write a note in 150 words
Smell as a signal among non-human primates.Write a note in 150 words
Osteodontokeratik culture and its makers.Discuss the Miocene hominoid remains and their significance in evolution.
