AIR 1960 SUPREME COURT 845

Supreme Court Of India

Hon'ble Judge(s): B. P. Sinha, S. K. Das, P. B. Gajendragadkar, A. K. Sarkar, K. Subba Rao, M. Hidayatullah, K. C. Das Gupta, J. C. Shah , JJJ

(A) Constitution of India , Art.3, Art.143(1), Art.368— Indo-Pakistan Agreement relating to division of Berubari Union and Exchange of Cooch-Bihar Enclaves - Involves cession of national territory in favour of Pakistan - Implementation of agreement by legislative action essential - Law relatable to Art. 368 would be sufficient - Law relatable to Art. 3 when would be competent indicated. The Indo-Pakistan Agreement was entered into on 10-9-1958 between the Prime Ministers of India and Pakistan with a view to remove the border area disputes and problems. One of the items related to the division of Berubari Union No. 12 and another related to the exchange of old Cooch-Bihar enclaves. A doubt having arisen whether the implementation of the Agreement relating to the Berubari Union No. 12 and the exchange of enclaves required any legislative action either by way of a suitable law of Parliament relatable to Art. 3 of the Constitution or by way of suitable amendment of the Constitution in accordance with provisions of Art. 368 of the Constitution or both, the President referred certain questions for the opinion of the Supreme Court under Art. 143 (1) of the Constitution. Held (i) on a consideration of the agreement and its back ground that the agreement amounted to cession or alienation of a part of the Indian territory in favour of Pakistan and was n....