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.