BERUBARI CASE PDF
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.
|Country:||Papua New Guinea|
|Published (Last):||4 July 2013|
|PDF File Size:||19.20 Mb|
|ePub File Size:||6.60 Mb|
|Price:||Free* [*Free Regsitration Required]|
Hence, in the Indian Constitution, by contrast with other Federal Constitutions, the emphasis on the preservation of the territorial betubari of the constituent States is absent. This tool looks for lower prices at other stores while you shop on Amazon and tells you where to buy. What is the challenge now?
Berubari case, explained – iasinsights
The use of the word “horizontal” appears to be slightly inappropriate; but, apart from it, the direction as to this horizontal method of division as well as the other directions contained in the Agreement flow from the conclusion with which the Agreement begins that it had been decided that India should give half the area to Pakistan.
Next question which aroused was if preamble forms a part of Indian Constitution. Article lays down that Parliament has power to make any law with respect to any matter not enumerated in the Concurrent List or State List. This argument is sought to be based on the provisions of certain Articles to which reference may be made. It has been fairly conceded by him that this argument proceeds on the assumption that the Agreement is in substance and fact no more than the ascertainment or the determination of the berubaei boundary already fixed by the award.
In this connection it is relevant to remember the direction specifically given by the Chairman in his award that the map is annexed for the purpose of illustration and that in case of any divergence between the map, annexure B, and the boundary as described in annexure A, the description in annexure A has to prevail, and so no claim could reasonably or validly be made for the inclusion of almost the whole of Berubari Union in East Bengal on the strength of the line drawn in the map.
This agreement has been called the Indo-Pakistan Agreement and will be referred cass hereafter caae the Agreement. In other words, after the merger of Cooch-Behar the territories of West Bengal included those which immediately before the commencement of the Constitution were comprised in the Province of West Bengal as berbari as those which were being administered as if they formed part of that Province.
Under Article 3 of the Indian Constitution, Parliament can Form new states, Alteration of areas, boundaries or change the name of states. After criticism, Union govt decided to refer matter to the supreme Court. It has, however, not been specified in the First Schedule of the Independence Act, and if the matter had berubbari be considered in the light of the said Schedule, bedubari would be a part of West Bengal.
Relevant notification was issued by the Gerubari of India under the said section as a result of which certain Indian laws were made applicable to it. Directive Principles beruubari State.
He has only cited this as an instance where the Parliament has given effect to the cession of a part of the territory of Assam in favour of the Government of Bhutan by enacting a law relating to Art. But found a short info: It provided that “a line shall be drawn along the boundary between the Thana of Phansidewa in the District of Darjeeling and the Thana Tetulia in the District of Jalpaiguri from the point where that boundary meets the Province of Bihar and then along the boundary between the Thanas of Tetulia and Rajganj, the Thanas of Pachagar and Rajganj and the Thanas of Pachagar and Jalpaiguri, and shall then continue along with northern corner of Thana of Debiganj to the boundary of the State of Cooch-Behar.
The Constitution Amendments of made some important changes in Art. The Privy Council also observed that “the material facts showed that the two Governments made with all care a sincere effort to represent as closely as was possible the theoretical boundary assigned by the Letters Patent by a practical line of demarcation on the earth’s surface.
This was followed by the treaty of cession which was signed at Paris and in due course on June 9,Chandernagore was transferred de jure to the Government of India on the ratification of the said treaty. Article 3 c deals with the problem of the diminution of the area of any State.
According to this argument there was neither real alteration of the boundary nor real diminution of territory, and there would be no occasion to make any alteration or change in the description of the territories of West Bengal in the First Schedule to the Constitution. Can Parliament legislate in regard to the Agreement under Art. The expression “by law” used in Arts. In this background Berubari case, is filed.
Dealing with the question about the limits within which the executive Government can function under the Indian Constitution Chief Justice Mukherjea, who delivered the unanimous decision of the Court, has observed that “the said limits can be ascertained without much difficulty by reference to the form of executive which our Constitution has set up”, and has added, “that the executive function comprised both the determination of the policy as well as carrying it into execution.
Whenever we talk about Constitution, the word “Preamble” automatically occupies our minds.
The story of Berubari Union
Chatterjee, irrevocably postulates that India geographically and territorially must always continue to be democratic and republican. What is the exact relation between the Preamble of Constitution and the Berubari case of ? On this assumption the learned Attorney-General has further contended that the settlement and recognition of the true boundary can be effected by executive action alone, and so the Agreement which has been reached between the two Prime Ministers can be implemented without any legislative action.
That no doubt is true; but, if on its fair and reasonable construction Art. He contended that the implementation of the Agreement in respect of Berubari Union would not necessitate any change in the First Schedule to the Constitution because, according to him, Berubari Union was never legally included in the territorial description of West Bengal contained in the said Schedule.
This position would be of considerable assistance in interpreting Art. As we have already pointed out it is an essential attribute of sovereignty that a sovereign state can acquire foreign territory and can, in case of necessity, cede a part of its territory in favour of a foreign State, and this can be done in exercise of its treaty-making power.
The diminution of the area of any State to which it refers postulates that the area diminished from the State in question should and must continue to be a part of the territory of India; it may increase the area of any other State or may be dealt with in any other manner authorised either by Art.
However, 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. In dealing with the dispute which had arisen in respect of the true boundary between the two States Griffith, C.