Position of Minor's Agreement

Case Summary: Berubari Union Case (1960)

Reference: In Re: Berubari Union and Exchange of Enclaves, AIR 1960 SC 845

Facts:

The Berubari Union was part of an agreement between India and Pakistan under the Nehru-Noon Agreement of 1958, which aimed to exchange certain territories. The dispute arose over the cession of the Berubari Union in West Bengal to Pakistan, and the legal question was whether the Indian government could cede this territory without a constitutional amendment.

Issues:

The main issue was whether the cession of Indian territory to Pakistan could be done under Article 3 of the Constitution, which allows Parliament to change state boundaries, or whether it required a constitutional amendment under Article 368.

Judgement:

The Supreme Court of India held that Article 3 did not empower Parliament to cede Indian territory to a foreign state. Instead, such cession would require an amendment to the Constitution under Article 368, as the cession of territory impacts India's sovereignty and territorial integrity.

As a result of the judgment, the 9th Constitutional Amendment Act, 1960, was passed to give effect to the agreement, allowing for the exchange of enclaves between India and Pakistan, including the cession of the Berubari Union.

Significance:

The decision established that the cession of Indian territory requires constitutional amendments, ensuring that any alteration in India's borders or sovereignty must go through a rigorous legislative process. This case has become a key precedent for territorial integrity matters.