Supreme Court Stresses Cooperative Federalism, Tells TN And Centre To Act in Tandem On Fishing Rights
The top court also clarified that Parliament governs fishing in the Exclusive Economic Zone under the EEZ Rules, 2025.
By Sumit Saxena
Published : September 2, 2026 at 8:01 PM IST
New Delhi: Reaffirming that Union and State powers are "co‑equal and autonomous" in their respective spheres, the Supreme Court on Wednesday underscored that cooperative federalism must anchor fisheries regulation.
The top court made this observation as it frowned upon the "unwritten ban" imposed by the Tamil Nadu government on fishermen by not granting access passes for using purse seine nets in the Centre's Exclusive Economic Zones (EEZ). Purse seine fishing is a method that uses a vertical net attached to a vessel to encircle schools of fish in open water.
A bench comprising Justices P S Narasimha and Alok Aradhe also clarified that while Parliament governs fishing in the Exclusive Economic Zone under the EEZ Rules, 2025, Tamil Nadu retains authority within its territorial waters under the Marine Fishing Regulation Rules, 2020.
Stressing that there is no conflict between the two regimes, the bench directed both Union and state administrations to act in tandem, ensuring efficient clearance of fishermen’s applications and safeguarding their right to trade under Article 19(1)(g).
The bench said there are two distinct legal regimes, operating in two regulatory provinces, while one regulates fishing activities in the EEZ governed by the EEZ Rules, 2025, the other regulates such activities in the territorial waters governed by the Marine Fishing Regulation Rules, 2020.
The bench said while the power to regulate fishing and fisheries beyond territorial waters falls under Entry 57 of List I and lies within the legislative competence of the Parliament and the executive power of the Union, the legislative power to regulate fisheries in territorial waters vests with the State Legislature under Entry 21 of List II and the executive power of the State. The powers of both the Union and the state are co-equal and autonomous in each of their legislative spheres, it added.
"Laws, Rules and Regulations addressing the issue of access to EEZ for fishing using purse seine nets, transiting through the territorial waters of the State have come into force and are operating. For effective and efficient implementation of these rules and regulations, it is necessary for the Union and the State to abide by the principle of cooperative federalism," it said.
"The Union as well as the State administration, are the duty bearers not only to implement the respective regulations within their province, but also to ensure that the stakeholders have easy access and efficient clearance of their applications to pursue their fundamental rights under Article 19(1)(g) of the Constitution of India, of course subject to reasonable regulations," it added.
Practically, and as a reality check, the bench noted that the status of applications for Access Passes under the EEZ Rules, 2025 on the Registration and Licensing of Fishing Craft Portal (ReALCRaft Portal) as of August 3, 2026 is rather disturbing.
It demonstrates a lack of coordinated effort between the Union-appointed issuing authority and the state's verifying authority (a state government official), added the bench.
The bench noted that out of the total 257 applications made, almost 226 applications are still pending verification by Tamil Nadu and only 6 access passes appear to have been issued.
"This is said to be the lowest among all coastal States. Not processing the applications in time, virtually amounts to imposing an unwritten ban, which is impermissible in law. Tamil Nadu is directed to ensure effective, efficient and timely clearance of the applications as per the rules and regulations which govern the subject," it said.
The bench, disposing of an application filed by Fisherman Care, held that the rights and liabilities of the parties would now be governed by the relevant laws, the EEZ Rules, 2025, and the Tamil Nadu Marine Fishing Regulation Rules, 2020.
"The State government to frame necessary rules or regulations designating a specified channel under Rules 15(5) and (6) of the 2020 Rules for the transit of vessels from its territorial waters to the EEZ for fishing with purse seine nets. These may be framed after taking into account the final recommendations of the Expert Committee," it said.
The Expert Committee’s report of May 31, 2024, appointed by the Union government, analysed the technical aspects of purse seine nets, sustainability concerns related to overfishing, State-wise guidelines, stakeholders’ concerns over asymmetric regulations, and the need to balance economic interests with environmental sustainability.
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