Category: Territory and Reorganisation

ISSUE:

Whether section 8 of the States Reorganisation Act, 1956 stands in contravention of Article 3 of the constitution?

Whether the word " proposal" mentioned in the proviso of Article 3 also includes subsequent amendments made to the proposal?

RULE:

Article 3 lists down the powers of the parliament to make a law in respect of any of the five matters mentioned in clauses (a) to (e) thereof. These powers include the power to make laws to increase the area of any State; diminish the area of any State, and alter the name of any State.

But, the proviso to this article lays down two conditions for the exercise of this power. It states that no bill 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, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon.

ISSUE:

Whether there is a need for legislative action for the implementation of an agreement relating to the Berubari union?

When there is such a need, is a law of Parliament in relation to Article 3 of the Constitution of India sufficient for the purpose or is an amendment of the Constitution necessary?

Will a law enacted by Parliament under Article 3 of our Constitution be sufficient for the execution of the Agreement regarding the Exchange of Enclaves, or is an amendment to the Constitution under Article 368 of our Constitution required? And if necessary, should it be considered in addition or as an alternative?

RULE:

Article 3(c) of the Constitution of India, 1950 states that Parliament may by law ‘diminish the area of any state’. Even the widest interpretation of this Article would be insufficient to accept the argument that any territory of India may be transferred to a foreign State.

Article 368 of the Constitution of India, 1950 includes the Parliament’s power to amend the Constitution and consists of the procedure for the same. With the help of this Article, the Parliament may make a law with which the Agreement can be enforced for the transfer of enclaves of Berubari Union to Pakistan.

ISSUE:

Whether Pondicherry was comprised within the territory of India, and if not, what was the extent of the jurisdiction exercised by the Union Government and the French Government over the territory?

Whether the transfer of administrative control over a territory the same as the transfer of territory?

RULE:

Article 136 of the constitution states that the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.

Article 142 (1) states that The Supreme Court, in the exercise of the jurisdiction, may pass such decree or makes such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India. This article also makes a territorial restriction.

Article 1(3) states that India's territory shall compromise the territories of the States, the Union territories specified in the First Schedule, and other territories that may have been acquired.

ISSUE:

Whether the 9th amendment act passed by the Parliament as a result of the Re Berubari Union judgement valid?

RULE:

Article 3(c) of the Constitution of India, 1950 states that Parliament may by law ‘diminish the area of any state’. Even the widest interpretation of this Article would be insufficient to accept the argument that any territory of India may be transferred to a foreign State.

9th amendment act- An Act that gave effect to the transfer of certain territories to Pakistan in pursuance of the agreements entered into between the Governments of India and Pakistan.

ISSUE:

Whether ratification by Parliament and amendment of the Indian Constitution necessary to cede any Indian Territory?

Whether there is a Cession of Territory of the areas in the Rann of Kutch to Pakistan?

Whether the award of the tribunal is binding on the parties?

RULE:

A treaty really concerns the political rather than the judicial wing of the State. When a treaty or an award, after arbitration comes into existence, it has to be implemented and this can only be done if all the three branches of Government, the Legislature, the Executive and the Judiciary, or any of them, possess the power to implement it. If there is any deficiency in the Constitutional system, it has to be removed and the State must equip itself with the necessary power.

ISSUE:

What is the validity of the formation of a new State under Article 2 to 4 of the Indian Constitution?

RULE:

Powers invested in the Parliament by Arts. 2 and 3, is power to admit, establish, or form new States which conform to the democratic pattern envisaged by the Constitution; and the power which the Parliament may exercise by law is supplemental, incidental or consequential to the admission, establishment or formation of a State as contemplated by the Constitution, and is not power to override the constitutional scheme under Article 4.