DMPQ-Discuss the significance of Beru bari case in India’s Constitutional development.

India and Pakistan boundary was fixed by Sir Radcliffe and the line was called Radcliffe Line. However, some disputes arose because of the erroneous depiction of the maps by the Radcliffe Award. One of such disputes was Berubari Dispute. Radcliffe had divided the district of Jalpaigudi between India and Pakistan by awarding some thanas to one country and others to the other country. The boundary line was determined based on the boundaries of the thanas. In describing this boundary, Radcliffe omitted to mention one Thana. Berubari Union No. 12 lies within Jalpaigudi thana which was awarded to India. However, the omission of the Thana Boda and the erroneous depiction on the map enabled Pakistan to claim that a part of Berubari belonged to it. This dispute was resolved by Nehru-Noon Agreement of 1958, whereby half of Berubari Union No. 12 was to be given to Pakistan and the other half adjacent to India was to be retained by India. In addition, four Cooch Behar enclaves contiguous of this part would also have gone to Pakistan.

Now the question arose, regarding the power of the parliament to transfer the territory of Berubari to Pakistan. This is where we come to learn about the Beru-Bari union case of 1960. And also, the famous 9th Constitutional Amendment Act. The matter whether parliament has the power to cede a region to a foreign country was brought to the supreme court. It declared that cessation to a foreign country would require special constitutional amendment procedures under Article 368 than the otherwise mentioned simple constitutional procedure mentioned in Article 4.

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