Q. If, in any case, India needs to cede some parts of its territory to any country, then it can be done through:

[A] The executive action of Government of India.

[B] The Amendment of Constitution under Article 368.

[C] The Legislative action of the Parliament

[D] Judicial Action under the purview of Supreme Court.

Answer: B
Notes:

Exp) Option b is the correct answer.

In Berubari Union case (1960), Supreme Court held that, the power of parliament to diminish the area of a state (under Article does not cover the cession of Indian territory to a foreign country. Hence, Indian territory can be ceded to a foreign state only by an amendment under the provisions of article 368. Consequently, the 9th Constitutional amendment Act was enacted to transfer the said territory to Pakistan.

Important Tips

In 1969, Supreme Court ruled that resolving boundary disputes between India and another country does not necessitate a constitutional amendment. It can be done by executive action as it does not involve the cession of Indian territory to a foreign country.

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