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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This Article shows that foreign territories which after acquisition would become a part of the territory of India under Art.
[Case Brief] In Re: Berubari Union Case,
Before dealing with the questions thus referred to this Court it is necessary to set out briefly the historical, political and constitutional background of the Agreement.
It is on this observation that brubari learned Attorney-General has founded his argument.
The constituent units of the federation were deliberately created and it is significant that they, unlike the units of other federations, had no organic roots in the past.
On August 28,an agreement of merger was entered into between the Government of India and the Ruler of the State of Cooch-Behar and in pursuance of this agreement the Government of India took over the administration of Cooch-Behar on September 12, ; Cooch-Behar thus became a part of the territory of India and was accordingly included in the list of Part C States as Serial No.
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. Section 2 of this Act provides that on and from the commencement of the Act the territories of the State of Assam shall cease to comprise the strip of territory specified in the Schedule which shall be ceded to the Government of Bhutan, and the boundaries of the State of Assam shall be deemed to have been altered accordingly.
The Supreme Court held that Indian state could be ceded only by amending article The other answer to the contention is provided by Art. Section 3 provides for the consequential amendment of the first paragraph in Part A of the First Schedule to the Constitution relating to the territory of Assam. It has, however, not been specified in the First Schedule of the Independence Act, and if the matter had to be considered in the light of the said Schedule, it would be a part of West Bengal.
He has only cited this as an instance where the Parliament has given effect to the cession of a part of the territory of Assam in favour of the Government of Bhutan by enacting a law relating to Art. What is the Berubari Union case? Leave a Reply Cancel reply.
The makers of the Constitution were aware of the peculiar conditions under which, and the reasons for which, the States originally Provinces were formed and their boundaries were defined, and so they deliberately adopted the provisions in Art. As from the appointed day two independent Dominions, it was declared, would be set up in India to be known respectively as India and Pakistan. After criticism, Union govt decided to refer matter to the supreme Court. What is the Barubari union case?
The story of Berubari Union
For the purpose of portioning Bengal, a boundary commission was appointed with Sir Cyril Redcliffe as caase chairman. Therefore, the Supreme Court concluded that it would not be competent to parliament to make a law relatable to art 3 for purpose of implementing the agreement.
What is the cass now? This tribunal had to consider two categories of disputes in regard to East-West Bengal but on this occasion no issue was raised about the Berubari Union.
Thus, on a true construction of Art. It provides that “notwithstanding anything in the foregoing provisions of the said Chapter Parliament has casse to make any law for the bfrubari or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.
But though from the human point of view great hardship is inevitably involved in cession of territory by one country to the berubarl there can be no doubt that a sovereign state can exercise its right to cede a part of its territory to a foreign state. It appears that the strip of territory which was thus ceded consisted of about 32 sq. That in brief is the historical and constitutional background of the exchange beurbari enclaves. He fixed the boundary of India and Pakistan known as Redcliffe line.
Whenever we talk about Constitution, the word “Preamble” automatically occupies our minds. Besides, the lacuna to which the learned Attorney-General refers could have been cured by taking into account the general method adopted by the award in fixing the boundaries. Paragraph 3 in annexure A shows that the line which was fixed by the award generally proceeded along the boundaries between the Thanas, and this general outline of the award would have assisted the decision of the dispute if it was berubrai to resolve the dispute in the light of the award.
The Division of Berubari Union No. The award had already settled the boundary; but since a dispute arose between the two Governments in respect of the location of the said boundary the dispute was resolved in the light of the directions given by the award and in the light of the maps berubagi to it.
This position would be of considerable assistance in interpreting Art. Whether the treaty made can be implemented by ordinary legislation or by constitutional amendment will naturally depend on the provisions of the Constitution itself.
The use of the word “horizontal” appears to be slightly inappropriate; but, apart from it, the direction as to this horizontal method of division as well as the other directions contained in the Agreement flow from the conclusion with which the Agreement begins that it had been decided that India should give half the area to Pakistan.
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.
This “Berubari Case ” perfectly raises this question. Berubari case was the Presidential Reference Under Art. Start Now at wikibuy.
Cites 36 docs – [ View All ]. Before its amendment, Art. Still have a question? Whether the treaty made can be implemented by ordinary legislation or by constitutional amendment will naturally depend on the provisions of the Constitution itself. At this beribari we may also refer briefly to the background of events which ultimately led to the proposed exchange of Cooch-Behar Enclaves between India and Pakistan. Learn More at ragingbull.
The crux of the problem, therefore, is: We have yet to consider Art. Right to Property Removal. Article 3 d refers to the alteration of the boundaries of any State and such alteration would be the consequence of any of the adjustments specified in Art.
The boundary line was determined on the basis of the boundaries of the thanas. Remove threats and optimize your Chrome with military-grade tech. The Constitution Amendments of made some important changes in Art. He emphasises that the ascertainment or the settlement of the boundary in the light of the award by which both Governments were bound, is not an alienation or cession of the territory of India, and verubari to him, if, as a result of the ascertainment cse the true boundary in the light of the award, possession of some land has had to be yielded to Pakistan it does not amount to cession of territory; it is merely a mode of settling the boundary.
Article 73 on which strong reliance is placed prescribes the extent of the executive power of the Union. What was done in by the parties who had authority to deal with the matter was to locate and mark a line on the ground which was held to be the st meridian though it is true that in it was discovered that the line so fixed was about two miles to the westward of the meridian.
It is berubafi by the learned Attorney-General that this conclusion must inevitably mean that the law necessary to implement the Agreement has to be passed under Art.