The Constitution of India
Article 260
Jurisdiction of the Union in relation to territories outside India
The Government of India may by agreement with the Government of any territory not being part of the territory of India undertake any executive, legislative or judicial functions vested in the Government of such territory, but every such agreement shall be subject to, and governed by, any law relating to the exercise of foreign jurisdiction for the time being in force.
Why this exists
This provision was included to give India a constitutional basis for administering or assisting foreign territories where India had historical, treaty-based, or transitional responsibilities — for example, small enclaves, protectorates, or territories in a state of political transition. Rather than acting informally, India can enter formal agreements, but these are tied to the Foreign Jurisdiction Act and similar laws, ensuring Parliament's oversight and legal accountability rather than unchecked executive action abroad.
Common misconceptions
- Myth: Article 260 lets India take over or annex foreign territories.
Fact: It only allows India to perform specific executive, legislative, or judicial functions by agreement — it does not transfer sovereignty or ownership of the territory to India. - Myth: India can use this power freely, without any restrictions.
Fact: The Article explicitly requires such agreements to follow existing laws on foreign jurisdiction, meaning Parliament's legal framework governs how this power is used.