Ans. The ceding of territory between countries is a complex issue with significant implications for sovereignty and international relations.  While it can be a tool for resolving border disputes and fostering peace, it raises important constitutional questions, particularly in the context of India. This essay examines the authority of the Indian Parliament to cede Indian territory to a foreign country under the Indian Constitution.

The Indian Constitution, specifically Article 3, grants Parliament the power to:

• Form new states
• Alter the area, boundaries, or names of existing states  

However, this power primarily focuses on internal state reorganization. It does not explicitly extend to ceding territory to a foreign country.

The landmark Berubari Union case (1960) addressed this issue directly.  When India and Pakistan sought to settle a border dispute involving the transfer of the Berubari Union territory, the Supreme Court held that Article 3 did not authorize Parliament to cede Indian territory. The Court emphasized that such an action would compromise India’s sovereignty and territorial integrity, which are fundamental principles enshrined in the Constitution. 

To cede territory, the Court ruled that a constitutional amendment under Article 368 is required. This process involves a more rigorous procedure, including a two-thirds majority in both Houses of Parliament and potential ratification by state legislatures. 

This ruling led to the 9th Constitutional Amendment Act (1960), which specifically enabled the transfer of the Berubari Union to Pakistan. Similarly, the 100th Constitutional Amendment Act (2015) facilitated the exchange of enclaves with Bangladesh. 

Conclusion

While the Indian Parliament holds significant power to alter state boundaries within India, its authority to cede territory to a foreign country is constrained by the Constitution.  Ceding territory requires a constitutional amendment, reflecting the importance of safeguarding India’s sovereignty and territorial integrity. This process ensures a deliberate and cautious approach to any potential transfer of land.