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.