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According to the Supreme Court's advisory opinion in In re Berubari Union (1960), what is needed to cede part of India's territory to a foreign State?

Question and options

According to the Supreme Court's advisory opinion in In re Berubari Union (1960), what is needed to cede part of India's territory to a foreign State?

  1. A law made by Parliament under Article 253

  2. An amendment of the Constitution under Article 368

  3. Ratification of the treaty by the Union executive

  4. A law made by Parliament under Article 3

Answer and explanation

Correct answer: B - An amendment of the Constitution under Article 368

In In re Berubari Union and Exchange of Enclaves (1960), the Supreme Court advised that Article 3 covers changes to the areas and boundaries of States within India, not cession of Indian territory to a foreign State, which needs an amendment of the Constitution under Article 368. Parliament therefore passed the Constitution (Ninth Amendment) Act, 1960. Because cession alters the territory described in Article 1 and the First Schedule, neither executive action nor an ordinary law of Parliament, including one made to implement a treaty under Article 253, is enough.

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