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Which one of the following is NOT vested in the Union by the Constitut

June 1, 2025 by rawan239

Which one of the following is NOT vested in the Union by the Constitution (Fortieth Amendment) Act?

All mines and minerals lying in the ocean within its territorial waters

All resources of the exclusive economic zone

Fisheries

All things of value in the ocean within its continental shelf

This question was previously asked in

UPSC Geoscientist – 2020

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The correct answer is Fisheries.

The Constitution (Fortieth Amendment) Act, 1976, inserted a new Article 297 into the Constitution. This article declared that all lands, minerals, and other things of value underlying the ocean within the territorial waters, the continental shelf, or the exclusive economic zone of India, and all other resources of the exclusive economic zone, shall vest in the Union and be held for the purposes of the Union. Options A, B, and D (Mines and minerals in territorial waters, All resources of the EEZ, All things of value in the continental shelf) are directly covered by the vesting provisions introduced by this amendment. While fisheries resources are part of the “resources of the exclusive economic zone” (B), the term “Fisheries” itself (C) might refer more broadly to the activity or sector, whose legislative competence (Entry 57, Union List: Fishing and fisheries beyond territorial waters) existed prior to the 40th Amendment. The Act primarily vested the *property rights* over the resources and areas.

Article 297 solidified the Union’s ownership and control over resources in India’s maritime zones. While it vests the resources crucial for fisheries in the EEZ, the comprehensive regulation and management of fisheries as an activity involves legislative powers that were already largely within the Union’s domain for areas beyond territorial waters. The question asks what was *not vested by the Act*, implying a direct vesting of property rights or control. Options A, B, and D represent categories of property or resources directly vested by the amendment.

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