Introduction
The contiguous zone represents an intermediate maritime zone extending up to 24 nautical miles from the baseline from which the breadth of the territorial sea is measured. Unlike the territorial sea, over which a coastal state exercises full territorial sovereignty, the contiguous zone confers limited functional control. Under Article 33 of the United Nations Convention on the Law of the Sea (UNCLOS), coastal states are granted specific authority to prevent and punish infringements of customs, fiscal, immigration, or sanitary laws committed within their territory or territorial sea.
International Legal Regime under UNCLOS
Under Article 33 of the United Nations Convention on the Law of the Sea (UNCLOS), 1982, the contiguous zone is defined by specific functional boundaries and limited coastal state powers:
- Spatial Scope: The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the territorial sea is measured.
- Preventive and Punitive Jurisdiction: The coastal state may exercise control necessary to prevent infringement of its customs, fiscal, immigration, or sanitary (CFIS) laws and regulations within its territory or territorial sea, and punish infringement of these laws committed within its territory or territorial sea.
- Functional Character: It does not grant general legislative competence or territorial sovereignty over the waters, and foreign vessels continue to enjoy the freedom of navigation and overflight applicable in the exclusive economic zone.
The Indian Legal Framework and Statutory Basis
India's position regarding the contiguous zone is articulated through constitutional and statutory provisions:
- Constitutional Foundation: Under Article 297 of the Constitution of India, 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 vest in the Union and are held for the purposes of the Union.
- Territorial Waters, Continental Shelf, EEZ and Other Maritime Zones Act, 1976: Section 5(1) of the Maritime Zones Act, 1976, formally establishes the contiguous zone of India as extending to a line 24 nautical miles from the baseline.
- Security Jurisdiction: Distinctively, Section 5(4)(a) of the 1976 Act empowers the Central Government to exercise powers and take measures in the contiguous zone regarding the security of India. This inclusion of national security goes beyond the strict textual limits of Article 33 of UNCLOS, which only specifies customs, fiscal, immigration, and sanitary matters.
- Extension of Municipal Enactments: Under Section 5(5) of the Act, the Central Government is empowered to extend any domestic statute to the contiguous zone with necessary modifications.
Operational Enforcement and Municipal Statutes
The enforcement of India's contiguous zone regime is supported by specialized domestic legislation and maritime security agencies:
- Customs Enforcement: Under Section 2(28) of the Customs Act, 1962, the definition of 'Indian Customs Waters' extends to the limit of the contiguous zone (24 nautical miles), granting customs authorities powers of boarding, inspection, search, arrest, and seizure.
- Enforcement Agency: The Indian Coast Guard, constituted under the Coast Guard Act, 1978, operates as the primary operational agency enforcing customs, immigration, environmental, and security laws within the contiguous zone.
Conclusion
India's position on the contiguous zone reflects a pragmatic harmonisation of international treaty commitments under UNCLOS with vital coastal defence requirements. While India asserts functional authority to safeguard its territorial integrity and combat asymmetric maritime threats, it continues to uphold broader high-seas freedoms and rules-based maritime order.