BERUBARI CASE PDF


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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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It is conceded 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. What is true about the powers is equally true about the prohibitions and limitations. Relevant notification was issued by the Government of India under the said section as a result of which certain Indian laws were made casf to it. This site uses Akismet to reduce spam.

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 questions whether the Preamble of the Constitution of India is the part of the Constitution or not is dealt with in two cases i.

Berubari case,1960 explained

West Bengal was shown as one of the States in Part A. 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.

Section 2 of the Act provided that subject to the provisions of sub-ss. This is 1st case where SC exercised Judicial activism.

This tool looks for lower prices at other stores while you shop on Amazon and tells you where to buy. The learned Attorney-General has not relied on this single statute as showing legislative practice.

Berubari case, explained – iasinsights

Article 3 c deals with the problem of the diminution of the area of any State. Such territories may be admitted into the Union or may be constituted into new States on such terms and conditions as Parliament may think fit; and as we shall presently point out such territories can also be dealt with by law under Art. 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.

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Article 3 c in The Constitution Of India Minerva Mills Case D.

Start Now at wikibuy. The district of Darjeeling and so much of the district of Jalpaiguri as lies north of this line shall belong to West Bengal, but the Thana of Patgram and any other portion of Jalpaiguri District which lies to the east or south shall belong to East Bengal. Reading the relevant portion of the Agreement it is difficult to escape the conclusion that the parties to it came to the conclusion that the most expedient and reasonable way to resolve the dispute would be to divide the area in question half and half.

Such an amendment can be made under Art. Berubari Case and Kesavananda Bharati Case. The boundary line was determined on the basis of the boundaries of the thanas. It also held that parliament had the power to amend any part of the constitution including the fundamental rights as long as it is within the ambit of the basic structure of the constitution.

Therefore, even if Art. This was followed by the treaty of cession which was signed at Paris and in due course on June 9,Chandernagore was transferred de jure to the Government of India on the ratification of the said treaty. The President referred to the Supreme Court that whether Parliament possesses the power to transfer the territory to Pakistan or not.

It would be really great on your part if you upvote my answer if you got the points and found them to be informative and helpful. On the other hand, it is clear that if the law in regard to the implementation of the Agreement is to be passed under Art. That no doubt is true; but, if on its fair and reasonable construction Art.

The dispute was brought to an end by the agreement in the year according to which half of the Berubari Union was awarded to Pakistan and half of it adjacent to India was retained by India.

If the law in regard to the implementation of the Agreement is to be passed under Art. I think petitioners against cession had abortively attempted to bring stay on such transfer by highlighting the inalienablity of Indian republic through preamble. In this connection the learned Attorney-General has drawn our attention to the 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.

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We are not impressed by this argument. What they purported to do was to determine the line in accordance with the provisions of the parliamentary statute.

The story of Berubari Union

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. In the present case, as we have already beruari out, the position of the Agreement is essentially different; it berubaari not purport to be based on the award and has been reached apart from, and independently of it.

Parliament may, however, if it so chooses, pass a law amending Art. With a view to removing these causes of tension and conflict the two Prime Ministers decided to berubair the problem of the said enclaves and establish peaceful conditions along the said areas. As an illustration of the procedure which can be adopted by Parliament in making a law for absorbing newly acquired territory we may refer to the Chandernagore Merger Act, Act XXXVI ofwhich was passed on September 29,and came into force as from October 2, If the power to acquire foreign territory which is an essential attribute of sovereignty is not expressly conferred by the Constitution there is no reason why the power to cede a part of the national territory which is also caze essential attribute of sovereignty should have been provided for by the Constitution.

It refers broadly to all foreign territories which may be acquired by India and provides that as soon as they are acquired they would form part of berubai territory of India.

We do not think that this instance can be of any assistance in construing the scope and effect of the provisions of Art. Let us now read Art.