Q. With reference to the 100th Constitutional Amendment Act, 2015, consider the following statements:
1.The amendment was enacted to give effect to the acquiring of certain territories by India and the transfer of certain other territories to Bangladesh in pursuance of the Land Boundary Agreement (LBA) of 1974.
2.According to the Supreme Court in the Shankri Prasad Case, 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.
3.The exchange involved the transfer of 111 enclaves to Bangladesh, while India received 51 enclaves from Bangladesh.
Which of the statements given above are correct?

[A] 1 and 2 only

[B] 2 and 3 only

[C] 1 and 3 only

[D] 1, 2 and 3

Answer: C
Notes:

Explanation:

Statement 1: Correct. It resolved a decades-old border dispute.

Statement 2: Incorrect. According to the Supreme Court in the Berubari Union Case, 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. The SC held that cession of territory requires a Constitutional Amendment under Article 368.

Statement 3: Correct. This was the physical scale of the swap aimed at straightening the international border.

Blog
Academy
Community