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Why Land Boundary Agreement b/w India and Bangladesh needs Constitutional Amendment?

Doubt Clearance- Supreme court in 1969 ruled that land dispute between India and other country doesn’t need any kind of constitutional amendment( Page 5.3, left column,2nd paragraph- Laxmikanth,4th edition) after the Berubari part of WB was ceded to Pakistan (9th Constitutional amendment)… Then WHY LBA b/w India and Bangladesh needs Constitutional Amendment???
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Comments

  • It's not disputed. Both the party acknowledge the right of other. Read the last line a little carefully from the source you have just mentioned, it says in 1969 order that executive action is enough as there is no case of right over that territory since it was disputed in the first place. In LBA things are different.
  • I've read the Constitutional provision mentioned in LBA draft bill. It just mentions article 368(along with a little explanation about what Art. 368 talks about) , but does not mention about state's ratification.
    Some newspaper like DNA, and also the Hindu, mention that LBA will need states ratification.

    There's no clarity about this. Laxmikant's book on page 10.2 (3rd edition book) mentions that a simple majority (outside the scope of Art. 368) will be sufficient.

    Please someone clarify about this.
  • @Orange: Well whenever you are going to ammend the constitution it requires Special majority ( i.e 2/3 votes from both houses ...House of people's Representative and Council of States apart from that you need to have more than half of Legislature Vote.....that's why LBA need State ratification...

    Where ever in constitution it's Written " Parliament may by law" there it requires just a simple majority


    In contrast to US constitution any ammendement requires absolute majority in both the houses and later 38/50 majority from the states...that to within given time of 7 years....

    I hope I tried to clear a few things...Correct me if i am mistaken anywhere...
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  • According to the sc verdict -

    *Any SOVEREIGN territory can be ceeded only after a constitutional amendment .

    *Any disputed territory matter mostly border areas can be settled with just an executive order . Ex kachhatheevu island given to Sri Lanka by this way


    Now in LBA case 2 type of territories

    1) Averse possessions-on boundary -to be exchanged with executive orders simply

    *Enclaves-sovereign territories surrounded by other nation but not disputed-hence required c.a.

    Hope your doubt cleared !!
    Being IAS... 4 U Onlyyy... :-)


    " Woods are lovely dark and deep..
    But I have promises to keep..
    But I have promises to keep..
    And miles to go before I sleep.. before I sleep. " :)

    #HumHongeKamyaabEkDin :)
  • @Yo_Yo_Choti_Singh ..cheers!!! for making this crystal clear:) =D>
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  • According to the sc verdict -

    *Any SOVEREIGN territory can be ceeded only after a constitutional amendment .

    *Any disputed territory matter mostly border areas can be settled with just an executive order . Ex kachhatheevu island given to Sri Lanka by this way


    Now in LBA case 2 type of territories

    1) Averse possessions-on boundary -to be exchanged with executive orders simply

    *Enclaves-sovereign territories surrounded by other nation but not disputed-hence required c.a.

    Hope your doubt cleared !!

    what is the meaning of "averse possessions"..? thanks
    Though I decay into the fields in the midst of our revenge, I will be reborn seven times to seize my sword!
  • Averse mean "lying opposite" correct me if i am not on the same page
    Preparing for 2016
  • @Orange: Well whenever you are going to ammend the constitution it requires Special majority ( i.e 2/3 votes from both houses ...House of people's Representative and Council of States apart from that you need to have more than half of Legislature Vote.....that's why LBA need State ratification...

    Where ever in constitution it's Written " Parliament may by law" there it requires just a simple majority


    In contrast to US constitution any ammendement requires absolute majority in both the houses and later 38/50 majority from the states...that to within given time of 7 years....

    I hope I tried to clear a few things...Correct me if i am mistaken anywhere...
    Bhai Ravi, Constitution is amended by Art. 368, and also not by article 368. It's not necessary that in all cases where Art. 368 has been used, state's ratification is required. Please go through Chapter of Constitutional amendment of Laxmikant's book. There are only 7 specific cases where state's ratification is required. Boundary alteration is not one of them.

    So, the ambiguity still remains whether state's ratification is required or not. LBA will need Art. 368, no doubt about that. But, doubt over state's ratification remains.
  • let me clear myself then....thank you @Orange
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  • Interestingly no one has mentioned about Berubari Union case from where it all has started...In this case first govt has transferred the enclaves to erstwhile East Pakistan without Constitutional Amendment. When matter came upto SC, it said any SOVEREIGN territory can be ceeded only after a constitutional amendment u/a 368...Consequently the govt passed the 9th constitutional amendment..

    Similar thing happened here..

    As we all know president gave nod to land bill on 28th may and no states approval was required..
  • I've read the Constitutional provision mentioned in LBA draft bill. It just mentions article 368(along with a little explanation about what Art. 368 talks about) , but does not mention about state's ratification.
    Some newspaper like DNA, and also the Hindu, mention that LBA will need states ratification.

    There's no clarity about this. Laxmikant's book on page 10.2 (3rd edition book) mentions that a simple majority (outside the scope of Art. 368) will be sufficient.

    Please someone clarify about this.
    No DNA reported no states ratification required

    http://www.dnaindia.com/india/report-presidential-assent-to-land-boundary-agreement-ahead-of-pm-modi-s-visit-to-dhaka-2091335
  • चरैवेति चरैवेति - Johnnie Walker
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