BERUBARI CASE PDF

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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Subsequently on January 12,the Government of India Act,was amended and s. A drafting committee was appointed by the Constituent Assembly and the draft prepared by it was presented to the Assembly on November 4, This was not a case where contracting parties independently determined the line with a view to settle the dispute between the breubari respective States. What is true about the Agreement in respect of Berubari Union No. It appears that certain areas which formed part of the territories of the former Indian State of Berubarl and which had subsequently become a part of the territories of India and then of West Bengal berubarj after the partition enclaves in Pakistan.

Chatterjee, irrevocably postulates that India geographically and territorially must always continue to be democratic and republican.

The story of Berubari Union – General Knowledge Today

However, dispute arose between the two governments by reason of different interpretations put by them in the award. Part I of the Constitution deals with the Union and its territories, and in a sense its provisions set out a self-contained code in respect of the said topic.

There can be no doubt that under international law two of the essential attributes of sovereignty are the power to acquire foreign territory as well as the power to cede national territory in favour of a foreign State.

Pakistan to claim that a part of Berubari belonged to it Location of Berubari? There is no doubt that the declaration made by the people of India in exercise of their sovereign will in the preamble to the Constitution is, in the words of Story, “a key to open the mind of the makers” which may show the general purposes for which they made the several provisions in the Constitution; but nevertheless the preamble is not a part of the Constitution, and, as Beruari has observed about the preamble to the American Constitution, “it has never been regarded as the source of any substantive power conferred on the Government of the United States, bsrubari on any of its departments.

Article 3 c in The Constitution Of India It is on this observation that the learned Attorney-General has founded his argument. The Privy Council also observed that “the material facts showed that the two Governments made with all care gerubari 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.

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Berubari case,1960 explained

Try out our Premium Member services: It is urged on behalf of the Union of India that if any legislative action is held to be necessary for the implementation of the Agreement a law of Parliament relatable to Art. Can Parliament legislate in regard to the Agreement under Art. In pursuance of this declaration a referendum was held in Chandernagore inand in this referendum the citizens of Chandernagore voted in favour of the merger of the territory with India.

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In view of this factual position there should be no difficulty in holding that it falls within the territories which immediately before the commencement of the Constitution were comprised in the Province of West Bengal. Free for one month and pay only if you like it. He owes his success to 1 strategy. In fact the second clause of the Agreement which directs that the division of Berubari Union No.

Justice Gajendragadkar delivered the unanimous opinion of the court. We need not, therefore, consider the merits of the argument about the character and berubaru of the executive functions and powers nor need we examine the question whether the observations made by Mukherjea, C.

It would be unduly straining the language of Art. Article states the power of parliament to amend the constitution and procedure for the same. That’s why case is named In Re Berubari Union. 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 berubaru cession of the territory of India, and according to him, if, as a result of the ascertainment of 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.

Such an amendment can be made under Art. The argument is that when Parliament was dealing with the cession of a strip of territory which was a part of the State of Assam in favour of the Government of Bhutan it has purported to pass this Act under Art.

It reads as follows: Article 73 1 says “that subject to the provisions of this Constitution the executive power of the Union shall extend a to the matters with respect to which Parliament has power to make laws; and b to the exercise of such rights, authority and jurisdiction as are exercisable by the Government of India by virtue of any treaty or agreement provided that the befubari power referred to in sub-clause a shall not, save as expressly provided in this Constitution or in any law made by Parliament, extend in any State to matters acse respect to which the Legislature of the State has also the power to make laws”; and Article 74 provides that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions; and Article 74 2 lays down that the question whether any, and if so what, advice was tendered by the Ministers to the President shall not be inquired into in any court.

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Is there a way I can see or listen to major Indian law cases like Berubari etc. Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States 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.

This again is a provision for carrying out the decision of berubaro the area half and half.

The story of Berubari Union

It should be noted that amendment using article 3 can be done by an ordinary majority in the parliament, but under Articlespecial majority is required So 9th Constitutional Amendment Act was enacted to give effect to the agreement. The line marked in had, however, been proclaimed by the respective Governors as the boundary and was the de facto boundary thenceforward. In the present Reference we are concerned with two items of the Agreement; item 3 in paragraph 2 of the Agreement reads as follows: It is not for us to enquire or consider whether it would not be appropriate to include the said two Articles under the proviso.

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 of India.

All the above Answer: Broadly stated it deals with the internal adjustment inter se of the territories of the constituent States of India. Then a separate provision had been made by Art.

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