Question 1

Domestic legislation automatically adopts international UN conventions once signed by the executive.

Accepted Answer

Under India's dualist legal framework, an explicit domestic Act of Parliament is required to give effect to international treaties.

Question 2

Only Indian citizens residing in India can own ships flying the Indian flag.

Accepted Answer

The 2025 Act explicitly expands ownership criteria, allowing NRIs, OCIs, joint ventures, and even cooperative societies to own vessels under the Indian flag.

Question 3

Consider the following statements regarding the Merchant Shipping Act, 2025:
1. It repeals both the Merchant Shipping Act, 1958, and the Coasting Vessels Act, 1838.
2. It prohibits Overseas Citizens of India (OCIs) from owning Indian-flagged vessels to protect the domestic shipping industry.
3. It renames the Director-General of Shipping as the Director-General of Marine Administration.
How many of the above statements are correct?

Accepted Answer

(b) Only two — Statement 1 is correct; the Act repeals both the 1958 and 1838 laws. Statement 2 is incorrect; one of the major reforms is actually allowing OCIs, NRIs, and joint ventures to wholly or partially own Indian-flagged vessels to boost tonnage. Statement 3 is correct; the top authority's title has been updated to Director-General of Marine Administration.

Question 4

Match the following International Maritime Conventions/Concepts integrated into the Merchant Shipping Act, 2025 with their primary focus:
List I (Concept/Convention)
A. MARPOL
B. Nairobi Convention
C. Maritime Labour Convention (MLC)
D. Bareboat Charter-cum-Demise (BBCD)

List II (Focus Area)
1. Seafarer welfare, pensions, and working conditions
2. Prevention of pollution from ships
3. Registration and leasing of foreign vessels
4. Wreck removal and safe navigation

Select the correct code:

Accepted Answer

(a) A-2, B-4, C-1, D-3 — MARPOL deals with preventing marine pollution (A-2). The Nairobi Convention governs the removal of wrecks (B-4). The Maritime Labour Convention (MLC) ensures seafarer rights and welfare (C-1). BBCD is a commercial leasing arrangement allowing foreign vessels to be registered under the Indian flag (D-3).

Question 5

Assertion (A): The Parliament of India passed the Merchant Shipping Act, 2025, to enforce conventions formulated by the International Maritime Organization (IMO).
Reason (R): Under Article 253 of the Constitution, international treaties signed by India automatically become enforceable domestic law without the need for parliamentary legislation.
Select the correct answer:

Accepted Answer

(c) A is true but R is false — Assertion (A) is true; the 2025 Act integrates IMO treaties like MARPOL and MLC into domestic law. Reason (R) is false; India follows a dualist system. While Article 253 gives Parliament the power to make laws to implement treaties, treaties do not automatically become enforceable domestic law. Parliament must explicitly pass enabling legislation.

Passage of Merchant Shipping Bill, 2025

64th Plenary Session of the IPCC Held in Bangkok