'Cooperative federalism is often invoked by courts to resolve jurisdictional overlaps between the Centre and States.' Examine this in the context of fisheries regulation in India's coastal waters.
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Cooperative federalism treats the Centre and States as coordinate partners rather than rivals. Marine fisheries — where a State's regulatory writ ends at 12 nautical miles and the Centre's Exclusive Economic Zone (EEZ) begins — is where courts have most recently deployed this idea, harmonising two rule-books instead of invalidating either.
The jurisdictional overlap in coastal waters
- States regulate fishing within territorial waters (up to 12 nautical miles) through Marine Fishing Regulation Acts and Rules; Tamil Nadu's Rules, 2020 bar purse seine nets and pair trawling (Rule 17(7)) and provide for specified channels for vessel transit (Rules 15(5)–(6)) [1].
- Beyond that line, the Centre acts under the Territorial Waters, Continental Shelf, EEZ and Other Maritime Zones Act, 1976 [2], under which the Sustainable Harnessing of Fisheries in the EEZ Rules, 2025 were notified on 4 November 2025, prioritising fishermen cooperatives and FFPOs [3].
- The friction is structural: gear banned in State waters is conditionally permitted in the EEZ, yet vessels must cross State waters to reach it.
How the judiciary has bridged the gap
- In September 2026, a Bench of Justices P.S. Narasimha and Alok Aradhe directed Tamil Nadu to frame "specified channel" rules for purse seine vessels transiting to the EEZ, expressly invoking cooperative federalism [1].
- Earlier, in February 2023, the Court conditionally allowed purse seine fishing beyond territorial waters — registered vessels, approved Vessel Tracking System, twice weekly [1].
- The Court thus supplied a coordination mechanism, not a verdict on supremacy.
Merits and limits
- Merit: it protects the State's conservation and artisanal-livelihood concerns while enabling the Centre's blue economy push in the EEZ [3].
- Limits: judicially directed rule-making edges into executive space; enforcement still hinges on State capacity for tracking and timely access-pass clearance; and cooperative federalism remains a persuasive value, not a justiciable rule of distribution.
Judicial invocation of cooperative federalism works best as an interpretive bridge, buying time for political coordination rather than replacing it. A negotiated national framework — through Centre-State consultation on gear norms, shared surveillance and transit corridors — would make such coordination institutional rather than episodic, giving substance to the constitutional promise of a Union that governs its seas cooperatively.
Sources
- 1Supreme Court of India — order directing Tamil Nadu to frame "specified channel" rules for purse seine vessel transit to the EEZ (2 September 2026); February 2023 conditional-permission orderSC direction, cooperative federalism framing, Rules 15(5)/15(6) and 17(7), VTS and twice-weekly conditions
- 2Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 — India CodeCentral parent legislation defining maritime zones and the 12-nautical-mile territorial waters limit
- 3PIB — Government notifies Rules for "Sustainable Harnessing of Fisheries in the Exclusive Economic Zone" (4 November 2025)EEZ Rules, 2025; priority to Fishermen Cooperative Societies and FFPOs; blue economy framework