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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On August 28,an agreement of merger was entered into between the Government of India and the Ruler of the State of Cooch-Behar and in pursuance of this agreement the Government of India took over the administration of Cooch-Behar on September 12, ; Cooch-Behar thus became a part of the territory of India and was accordingly included in the list of Part C States as Serial No. It would be unreasonable, illogical and anomalous to suggest that, whereas the cession of a part of the Union territories has to be implemented by legislation relatable to Art.
Berubari case, explained – iasinsights
That is the background of the present dispute in regard to Berubari Union No. The district of Darjeeling and so much of the district of Jalpaiguri as lies north of this line shall belong to West Bengal, but the Thana of Patgram and any other portion of Jalpaiguri District which lies to the east or south shall belong to East Bengal. On the other hand, it is clear that if the law in regard to the implementation of the Agreement is to be passed under Art.
But what is preamble?
The supreme court held though the preamble served as a key to read the minds herubari the constitutional framers,it was not a part of the constitution as there was no substantive powers,enforceability or even directives in it. Political unrest was palpable which necessitated the presidential reference to supreme court.
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 beruari in the Constitution; but nevertheless the preamble is not a part of the Constitution, and, as Willoughby 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, or on any of its departments.
February 12, The court cannot arrogate to itself any function which is left berubqri the domain of the executive and the legislature. Section A reads thus: The omission of the Thana Boda and the erroneous depiction on the map enabled Pakistan to claim that a part of Berubari belonged to it.
Both of these essential attributes of sovereignty are outside the Constitution and can bdrubari exercised by India as a sovereign State. Gerubari have carefully considered all the clauses in the Agreement and we are satisfied that it does not purport to be, and has not been, reached as a result of any interpretation of the award and its terms; it has been reached independently of the award and for reasons and considerations which appeared to the parties to be wise and expedient.
What is the Barubari union case? Previous Post [Case Brief] N. Article 1 3 c does cade confer power or authority on India to acquire territories as Mr.
Such powers embrace only those expressly granted in the body of the Constitution and such as may be implied from those so granted”.
In Re: The Berubari Union And vs Unknown on 14 March,
The preamble to the constitution is a key to open the mind of the constitution makers and shows the general purpose for which they made the several provisions in the constitution. Supreme Court said article 3 c give parliament a power to diminish state territory but doesn’t give power to cede.
It would be unduly straining the language of Art. That article provides for the procedure for the amendment of the Constitution and expressly confers power on Parliament in that behalf. Four cooch behar enclave contiguous of this part was also awarded to Pakistan.
The Redcliff boundary agreement, an egregiously false conception in its aftermath witnessed high political mayhem especially when question of ceding a part of Indian territory to Pakistan was mooted. This strip of territory was beruvari covered by forests and only sparsely inhabited by Bhotias.
Berubari case,1960 explained
The learned Attorney-General has not relied on this single statute as showing legislative practice. In describing this boundary, Radcliffe omitted to dase one Thana Boda.
In the present case, as we have already pointed out, the position of the Agreement is essentially different; it does not purport to be based on the award and has been reached apart from, and independently of it.
If that be so, it is difficult to accept the argument that this part of the Agreement amounts to no more than ascertainment and delineation of the boundaries in the light of the award.
That is a matter for the Parliament to consider and decide. That is the next casr which we must consider before addressing ourselves to the questions referred to us for our opinion.
Indian Constitution Mcqs
Skip to content www. Ratio of the Court As authored by Justice Gajendragadkar. This “Berubari Case ” perfectly raises this question. The Bagge Award was made on January 26, The acquisition of foreign territory by India in exercise of its inherent right as a sovereign State automatically makes the said territory a part of the territory of India.
The Supreme Court held that the legislative action is necessary for implementation of agreement relating to Berubari union. This was not a case where contracting parties independently determined the line with a view to settle the dispute between the two respective States.
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. It is an Agreement by which a part of the territory of India has been ceded to Pakistan and the question referred to us in respect of this Agreement must, therefore, be considered on the basis that it involves cession or alienation of a part of India’s territory.
The increase in the area of any State contemplated by Art.
Kesavananda Bharati Case C. In this connection we may also deal with another argument urged by the learned Attorney-General. 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. We have referred to these facts in order to emphasize that the agreement does not appear to have been reached after taking into account these facts and is not based on any conclusions based on the interpretation berubair the award and its effect.
Pakistan to claim that a part of Berubari belonged to it Location of Berubari? Section 2 of the Act provided that subject to the provisions berbari sub-ss. Article 73 on which strong reliance is beruabri prescribes the extent of the executive power of the Union. Accordingly, a boundary commission was appointed, inter alia, for Bengal consisting of four judges of High Courts and a Chairman to be appointed later.