Sage-Tips

Does settlement of boundary dispute require constitutional amendment?

Therefore, it was held that the Agreement involved cession of territory in favour of Pakistan. In pursuance to this holding, the Court held that for the cession of national territory, legislative action is required in the nature of an amendment to the Constitution under Article 368 of the Constitution.

Does acquisition of foreign territory require constitutional amendment?

Notes: A sovereign country has “inherent” right to acquire a foreign territory, it does not need to be explicitly mentioned. If there is a need to cede a territory via some agreement, Parliament would need to enact an amendment of the Constitution.

What is the legal formality to be observed to declare the disputed boundary?

When there is a dispute regarding the identification of the property, the proper course is to appoint local Commissioner by invoking the provision of order 26 rule 9 of Code of Civil Procedure(C.P.C), particularly a revenue official or an expert for demarcation( as per the Procedure in Hadd Shikni cases contained in …

Does the Parliament have the right to cede a part of Indian territory to any other country?

Explanation: The power of parliament to diminish the area of a state (under Article 3) does not cover cession of Indian territory to a foreign country. Indian territory can be ceded to foreign state only by amending the constitution under Article 368.

Why did India gave Berubari 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.

Can India acquire a foreign territory?

Being a sovereign state, India can acquire foreign territories as per the modes recognized by international law, i.e., cession (following treaty, purchase, gift, lease or plebiscite), occupation(hitherto unoccupied by a recognized ruler), conquest or subjugation.

Under which Article India can acquire foreign territory?

The Constitution gives power only to acquire foreign territory and not to cede Indian territory to foreign powers. First, it would be necessary to take action under Art. 368 empowering Parliament to make law for cession of territory and then legislation under Art.

What do you do with a boundary dispute?

If you know where the boundary is and you don’t need to follow the process for party walls, the best approach is to talk to your neighbour. Talk to them face to face if you can – make a note of what you agreed. If you don’t feel comfortable speaking to them, write to them or ask someone to contact them for you.

What are the causes of land dispute?

The study identified the 9 causes of urban and rural land dispute and revealed that scarcity/ land value price, boundary dispute, land use change, urbanization, violent demolition enforcement, compensation challenges, sharing of diseased property, land owners and human right violators are among the sources of urban and …

In which case the Supreme Court held that preamble is not a part of the Indian Constitution?

Kesavananda Bharati Case
Supreme Court also held the view that Preamble cannot be a part of the constitution but later in Kesavananda Bharati Case (1973), the Supreme Court gave a comprehensive verdict.

Which of the following has the authority to add new territory into India?

One of special features of the Union of India is that the union is indestructible but the power conferred on Parliament includes the power to form a new state or union territory by uniting a part of any State or Union territory to other State or Union territory.