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 would be unduly straining the language of Art. It was decided by a seven-judge bench of the Honourable Supreme Court. There can be no doubt that such cession is possible and indeed history presents several examples of such transfer of sovereignty. Article 73 on which strong reliance is placed prescribes the berubaro of the executive power of the Union.
The crux of the casr, therefore, is: Article lays down that Parliament has power to make any law with respect to any matter not enumerated in the Concurrent List or State List.
In Re: The Berubari Union And vs Unknown on 14 March,
There is berjbari no doubt about the legislative competence of Parliament to legislate about any treaty, agreement or convention with any other country and to give effect to such agreement or convention.
That is why the question about this exchange must also be considered on the footing that a part of the territory of India has been ceded to Pakistan; besides it is clear that unlike questions 1 and 2 the third question which has reference to this exchange postulates the necessity of legislation.
It provided that whereas full and exclusive authority, jurisdiction and power for 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.
Justice Gajendragadkar delivered the unanimous opinion of the court. That no doubt is true; but, if on its fair and reasonable begubari Art. After such territory is thus acquired and factually made a part of the territory of India the process of law may assimilate it either under Art.
Download WordPress Themes Free. Let us now read Art. What then is the nature of the treaty-making power of a sovereign State? On the other hand, it is equally clear that if legislation in respect of the relevant topic is not competent under 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.
This extreme contention is based on two grounds. Indiapakistanre berubarisummary.
[Case Brief] In Re: Berubari Union Case,
The boundary line was determined on the basis of the boundaries of the thanas. But though from the human point of view great hardship is inevitably involved in cession of territory by one country to the other 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 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 the territory berubzri India.
The Privy Council also observed that “the material facts showed that the two Governments made with all care a sincere effort to represent as closely as was possible the theoretical boundary assigned by the Letters Patent by a practical line of demarcation on the earth’s surface. Pakistan to claim that a part of Berubari belonged to it Location of Berubari? What is true about the powers is equally true about the prohibitions and limitations.
The award had already settled the boundary; but since a dispute arose between cade 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 attached to it. This was to ensure no bias while demarcation.
Indian Constitution Mcqs
In view of our conclusion that the agreement berubarj to cession or alienation of a part of Indian territory cawe is not a mere ascertainment or determination of the boundary in the light of, and by reference to, the award, it is not beruubari to consider the other contention raised by the learned Attorney-General that it was within the competence of the Union executive to enter into such an Agreement, and that the Agreement can be implemented without any legislation.
This power, it may be added, is of course subject to the limitations which the Constitution of the state may either expressly or by necessary implication impose in that behalf; in other words, the question as to how treaties can csse made by a sovereign Bdrubari in regard to a cession of national territory and how treaties when made can be implemented would be governed by the provisions in the Constitution of the country.
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. The said notification also provided that the corresponding French laws would cease to apply with effect from May 2, Same procedure would be followed for implementation of agreement relating to exchange of enclaves.
berubarl 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”. I didn’t knew about it.
The treaty-making power would have to be exercised in the manner contemplated by the Constitution and subject to the limitations imposed by it. Besides, the lacuna to which the learned Attorney-General refers could have been cured by taking into caes the general method adopted by the award in fixing the boundaries.
It appears that subsequently a doubt has arisen whether the implementation of the Agreement relating to Berubari Union requires any legislative action either by way of a suitable law of Parliament relatable to Art. We cannot, therefore, accept the argument of the learned Attorney-General that an agreement which involves a cession of a part of the territory berybari India in favour of a foreign State can be implemented by Parliament by passing a law under Art. Article 3 a enables Parliament to form a new State and this can be done either by the separation of the territory from any State, or by uniting two or more States or parts of States, or by uniting any territory to berrubari part of any State.
Then, as regards the argument that the inclusion of the power to acquire must necessarily exclude the power to cede or alienate, there are two obvious answers.