Thanks to the disruption of the Lok Sabha, I was unable to speak in response to the Indian Ports Bill, 2025, which passed without debate. This was a pity, since this legislation encroaches upon the powers of the States and undermines our federalism by tampering with the distribution of powers between the Union and the State governments, as defined in the 7th Schedule of the Constitution. But the issues with this bill don’t end there: it falls short of legislators’ expectations and seafarers’ aspirations. This article is a brief summary of the arguments I was planning to make at greater length, had I spoken in the Lok Sabha as planned.

Since the Opposition is often accused of opposing for the sake of opposing, let me reassure readers that I find myself in agreement with the rationale for this Bill. The Indian Ports Bill, 2025, rewrites decades of port legislation into a single national framework—seeking to modernise and replace the outdated Indian Ports Act of 1908. It is imperative that the 117-year-old Act be revamped to reflect present-day frameworks, incorporate India’s international obligations, address emerging environmental concerns, and aid the consultative development of the ports sector in the national interest. I have been one of the most vocal and staunch supporters of the development of Kerala’s port sector—advocating tirelessly for the Vizhinjam port, which was inaugurated on May 2nd of this year. But though the Bill aims to “consolidate the law relating to ports, promote integrated port development, enhance ease of doing business” in the maritime sector, which aligns completely with my vision for India’s maritime ecosystem, it fails to grasp the true nature of India’s maritime potential.

The first problem is that the Bill’s architecture, with a National Ports Development Council and binding “national perspective” plans, overrides the constitutional balance between the Centre and the States. The new Bill explicitly empowers the Central Government to declare new ports or alter port limits and to set nationwide port policies. In practice, any state law or policy on ports that conflicts with the national Bill would be invalid under Article 254 (parliamentary law prevails on concurrent subjects). This strips the coastal states, including my own (Kerala), of their authority over their ports, reducing them to administrators of a........

© Mathrubhumi English