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.

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Besides there are three other articles in the same part which are relevant. 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 disputed boundary already fixed breubari the award. That no doubt is true; but, if on its fair and reasonable construction Art.

Therefore, we feel no hesitation in holding that the power to cede national territory cannot be read in Art. It is principally because of these considerations that the territory in question was in the possession of India for some years after the date of the award and no dispute was raised until Is there a way I can see or listen to major Indian law cases like Berubari etc.

The Berubari Union Case? 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. Article 1 3 c does not confer power or authority on India to acquire territories as Mr. 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.

If the law in regard to the implementation of the Agreement is to be passed under Art.

The story of Berubari Union – General Knowledge Today

Article states the power of parliament to berbuari the constitution and procedure for the same. He contends that the basic structure of the Constitution is the same as that of the Government of India Act,which had for the first time introduced a federal polity in India. 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. 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.

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Ina team of Eight judges passed a verdict that ” Preamble is not a part of Constitution”. It is, however, urged that in regard to the making of treaties and implementing them the executive powers of the Central Government are co-extensive and co-incidental with berbuari powers of Parliament itself.

Similarly certain Pakistan enclaves were found in India.

In Re: The Berubari Union And vs Unknown on 14 March,

We think that this conclusion follows on a fair and reasonable construction of Art. Berubari case was the Presidential Reference Under Art. This power, it may be added, is of course subject to the limitations which the Constitution of the state may either expressly or by necessary implication impose in that behalf; in other words, the question as to how treaties can be made by a sovereign State in regard to a cession of national territory and how treaties when made can be implemented would be governed by the provisions in the Constitution of caae country.

Thus evidently includes the initiation of legislation, maintenance of order, the promotion of social and economic welfare, the direction of foreign policy, in fact the carrying on or supervision of the general administration of the State”. It was two years later that the question of Berubari Union was raised by the Government of Gerubari for the first time in 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.

Prima facie it appears unreasonable to suggest that the makers of the Constitution wanted to provide for the cession of national territory under Art. Section A reads thus: Download WordPress Themes Free.

Berubari case,1960 explained

We are not impressed by this argument. But found a short info: Learn how your comment data is processed. How the issue solved?

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The feedback you provide will help us show you more relevant content in the future. What is the English translation of the In Re: Ratio of the Court As authored by Justice Gajendragadkar The Supreme Court, in the present case, mentioned that there is no trace in the Agreement of any attempt to interpret the award or to determine what the award really meant.

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.

The other answer to the czse is provided by Art.

We have yet to consider Art. Reading the relevant portion of the Agreement it is difficult to escape the conclusion that the parties to it came to the conclusion that the most expedient and reasonable way to resolve the dispute would be to divide the area in question half and half.

The story of Berubari Union

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. He emphasises that the ascertainment or the settlement of the boundary in the light of the award by which both Governments were bound, is not an alienation or cession of the territory of India, and according to him, if, as a result of the ascertainment of the true boundary in the light of the award, possession of some land has had bdrubari be yielded to Pakistan it does not amount to cession of territory; it is merely a mode of settling the boundary.

Then a separate provision had been made by Art. Try out berkbari Premium Member services: This is my first answer on quora. Indiapakistanre berubarisummary. Subsequently on January 12,the Government of India Act,was amended and s.

In our opinion, there is no substance in these contentions. After criticism, Berubrai govt decided to refer caze to the supreme Court.