Name of the Case : Berubari Union vs.Unknown
Year of Judgement : 1960
Popular Name : -
Related Topic/ Issue : Cession of Indian Territory to a foreign state
Related Article/ Schedule : 3, 368 & First Schedule
Supreme Court Judgement:
- The Supreme Court clarified that the power of Parliament under Article 3 to diminish the area of a state does not extend to cession of Indian territory to a foreign country.
- Article 3 deals with internal adjustments among the territories of the constituent states of the Indian Union.
- Cession of Indian territory to a foreign state requires a constitutional amendment under Article 368, providing for the alteration of the First Schedule.
- The court affirmed that the Preamble is not a part of the constitution.
Impact of the Judgement:
- The judgement prompted the enactment of the 9th Amendment Act (1960).
- The 9th Amendment Act facilitated the transfer of certain territory, known as Berubari Union, from India to Pakistan.
- This transfer was in accordance with the provisions of the Indo-Pak Agreement (Nehru-Noon Agreement) of 1958, concerning the Berubari Union and the Exchange of Cooch Behar Enclaves.
