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.