What was the Berubari union case?
Facts: In the case of Re Berubari Case, the States of Punjab and Bengal were to be partitioned. A commission was appointed as Sir Cyril Redcliffe as its chairman for apportionment of the state of Bihar. A boundary was fixed between India and Pakistan are known as the Redcliffe line.
Why was Berubari given to Pakistan?
Radcliffe awarded it to India but unfortunately it was not mentioned in the written text of the award. This gave opportunity to Pakistan to claim on Berubari, citing a reason that Berubari falls in the map of Pakistan. So 9th Constitutional Amendment Act 1960 was enacted to give effect to the agreement.
How many judges are there in Berubari case?
eight judges
Berubari case was the Presidential Reference Under Art. 143(1) of the Constitution of India on the implementation of the Indo-Pak agreement relating to Berubari union and exchange of enclaves which come up for consideration by a bench consisting of eight judges headed by B.P. Sinha, C.J.
What is Re in re Berubari?
The matter referred by the President is then taken into account by the Supreme Court and a report is sent back as it deems fit. This report which is sent back to the President is titled “In re”, for e.g. In re Berubari Case.
How is Berubari related to Preamble?
The preamble being part of the Constitution is discussed several times in the Supreme Court. Through the Berubari case, the Court stated that ‘Preamble is the key to open the mind of the makers’ but it can not be considered as part of the Constitution. Therefore it is not enforceable in a court of law.
What is Nehru noon Agreement?
The desire to “de-enclave” most of the enclaves was manifested in a 1958 agreement between Jawaharlal Nehru and Feroz Khan Noon, the respective Prime Ministers, for an exchange between India and Pakistan without considering loss or gain of territory.
How is Berubari related to preamble?
What is the meaning of democratic in Preamble?
The term Democratic indicates that the Constitution has established a form of government that gets its authority from the will of the people expressed in an election. The Preamble resolves India to be a democratic country. That means the supreme power lies with the people.
When did Berubari reach Bangladesh?
According to the Indira Gandhi-Sheikh Mujibur Rahman treaty of 16 May 1974, India and Bangladesh were to hand over the sovereignty of the Tin Bigha Corridor (178 by 85 metres (584 ft × 279 ft)) and South Berubari (7.39 km2 (2.85 sq mi)) to each other, thereby allowing access to the Dahagram–Angarpota enclaves and the …
What are the rights of the child under the Constitution of India?
Constitutional Guarantees that are meant specifically for children include: Right to free and compulsory elementary education for all children in the 6-14 year age group (Article 21 A) Right to early childhood care and education to all children until they complete the age of six years (Article 45)
What is Nehru noon Agreement Upsc?
The Nehru-Noon (Indian Prime Minister Jawaharlal Nehru and Pakistan Prime Minister Firoze Khan Noon) Agreement of 1958 and the Agreement Concerning the Demarcation of the Land Boundary between India and Bangladesh and Related Matters of 1974 attempted to find a solution to the border demarcation.
Why was case named in re Berubari Union?
(Against the wishes of West Bengal govt) After criticism, Union govt decided to refer matter to the supreme Court. (That’s why case is named In Re Berubari Union ) Supreme Court said article 3 (c) give parliament a power to diminish state territory but doesn’t give power to cede.
How is the Berubari Union related to Pakistan?
The question relating to Berubari must, therefore, be considered on the basis that it involves cession of ;1 part of India’s territory to Pakistan and this applies with greater force to the agreement relating to the exchange of the enclaves.
Why did Radcliffe Award Berubari to India instead of Pakistan?
Radcliffe awarded it to India but unfortunately it was not mentioned in the written text of the award. This gave opportunity to Pakistan to claim on Berubari, citing a reason that Berubari falls in the map of Pakistan. Dispute continued till Nehru-Noon agreement was signed in 1958 between India and Pakistan.
Where did the Cooch Behar enclaves go in the Berubari Union?
The Cooch-Behar Enclaves lower down between Boda Thana of East Pakistan and Berubari Union No. 12 will be exchanged along with the general exchange of enclaves and will go to Pakistan.” 3. Similarly item 10 of the Agreement is as follows :-