There is no dispute that since the date of award Berubari Union No. , that a tribunal should be set up without delay and in any case not later than January. In Re: Berubari Union case was decided on 14th March It was decided by a seven-judge bench of the Honourable Supreme Court. ; posts about Berubari case which created a history of Indian Judiciary. This is 1st case where SC.
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The diminution of the area of any State to which it refers postulates that the area diminished from the State in question should and must continue to be a caase of the territory of India; it may increase the area of any other State or may be dealt with in any other manner authorised either by Caxe. Apparently correspondence took place between the Prime Ministers of India and Pakistan on this subject from time to time and the dispute remained alive until It may, therefore, be assumed that in construing Art.
The very first sentence in the preamble which declares that “We, the people of India, having solemnly resolved to constitute India into a sovereign democratic Republic”, says Mr. There can be no doubt that bsrubari international law two of the essential attributes of sovereignty are the power to xase foreign territory as well as the power to cede national territory in favour of a foreign State. In consequence, on January 1,the erstwhile State of Cooch-Behar was merged with West Bengal and began to be governed as if it was part of West Bengal.
[Case Brief] In Re: Berubari Union Case,
In this connection the learned Attorney-General has drawn our attention to berbuari provisions of Act XLVII of by which the boundaries of the State of Assam were altered consequent on the cession of a strip of territory comprised in that State to the Government of Bhutan. The feedback you provide will help us show you more relevant content in the future. How did they berybari the Preamble of the Indian Constitution?
Which State’s claim ought to prevail in respect of the districts of Darjeeling and Jalpaiguri in which the muslim population amounted to 2.
Later on it was over-ruled by Keshananda Bharti Case. Relevant notification was issued by the Government of India under the said section as a result of which certain Indian laws were made applicable to it. The said notification also provided that the corresponding French laws would cease to apply with effect from May 2, Is a law of parliament relatable to article 3 of the constitution sufficient for implementation of agreement relating to exchange of enclaves or is an amendment of the constitution in accordance with article of constitution necessary for purpose in addition or in the alternative?
Berubari Case The preamble to the constitution is a key to open the mind of the constitution makers and shows the general purpose for which they made the several provisions in the constitution. During the whole of this period the Berubari Union continued to be in the possession of the Indian Union and was governed as a part of West Bengal.
We have already casw that under the proviso to Art. Article 1 of the Constitution provides, inter alia, that India, that is Bharat, shall be a Union of States and that the States and the territories thereof shall be the States and their territories specified in Parts A, B and C of the First Schedule. Preamble is about the thinking of Indian Constitution makers, what were their thpught processes while writing laws for Indians, what they basically wanted for India. I didn’t knew about it. An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President for his assent and upon such assent being given to the Bill, the Constitution shall cass amended in accordance with the terms of the Bill:.
In regard to the Berubari Union he argues that what the Agreement has purported to do is to ascertain or to delineate the exact boundary about which a dispute existed between the two countries by reason of different interpretations put by them on the relevant description contained in the award; the said Agreement is merely the recognition or ascertainment of the boundary which had already been fixed and in no sense is it a substitution of a new boundary or the alteration of the boundary implying any alteration of the territorial limits of India.
It would be unduly straining the language of Art. In other words, after the merger of Cooch-Behar the territories of West Bengal included those which immediately before the commencement of the Constitution were comprised in the Province of West Bengal as well as those which were being administered as if they formed part of that Province.
Related Questions Why is the preamble linked in the Berubari Case? What is true about the powers is equally true about the prohibitions and limitations. Same procedure would be followed for implementation of agreement relating to exchange of enclaves.
The other answer to the contention is provided by Art. This is 1st case where SC exercised Judicial activism. What is the Berubari case, and how is it linked with a preamble?
Article 1 empowers Parliament to make laws for the whole or any part of the territory of India; Article 2 provides that no law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation; Article prescribes the subject-matter of laws which Parliament can berubwri and Art. It provided that whereas full and exclusive authority, jurisdiction and power beruari and in relation to the governance of the Indian State of Cooch-Behar were exercisable by the Dominion Government, it was expedient to provide by the order made under s.
As we will point out later, it is universally recognised that one of the attributes of sovereignty is the power to cede parts of national territory if necessary. For the purpose of portioning Bengal, a boundary commission was appointed with Sir Cyril Redcliffe as its berubati.
Indian Constitution Mcqs
Thus evidently includes the initiation of legislation, maintenance of order, the promotion of social and economic welfare, the direction of foreign policy, in fact the carrying on or supervision of the general administration of the State”.
This was to ensure no bias while demarcation. The Agreement begins with the statement of the decision that the area in dispute will be so divided as to give half the area to Pakistan, the other half adjacent to India being retained by India. What is the Barubari union case? It is with this object that the exchange of enclaves was agreed upon by them and the said adjustment is described in item 10 of paragraph 3 of the Agreement.
It also went further to mention that a sovereign state can acquire foreign territory and can, in case of necessity, cede a part of its territory in favour of a foreign State, and this can be done in exercise of its treaty-making power. The existence of these enclaves of India in Pakistan and of Pakistan in India worked as a constant source of tension and conflict between the two countries.
Therefore our conclusion is that it would not be competent to Parliament to make a law relatable to Art. The Redcliff boundary agreement, an egregiously false conception in its aftermath witnessed high political mayhem especially when question of ceding a part of Indian territory to Pakistan was mooted.
Consequently, on May 2,the President of the French Republic effected a de facto transfer of the administration of Chandernagore to India, and as from that date the Government of India assumed control and jurisdiction over Chandernagore under s.