As stipulated in the Indo-Pakistan Agreement, the 9th Amendment of Indian Constitution made it easier for India to cede the land of the Berubari Union to Pakistan.
The problems regarding some enclaves and frontiers of the provinces of Assam, West Bengal, Punjab, and the Union Territory of Tripura were of concern to Nehru and Noon. As a result, Pakistan and India inked a contract. A number of boundary conflicts were resolved by agreements between the governments of both India and Pakistan. It was dated 10 September 1958, 23 October 1959, and 11 January 1960.
Continue reading the article on the 9th amendment of Indian Constitution. This will enable you to learn more about the Indian Constitution. The information in this post will be helpful to UPSC applicants as they prepare for their exams. This subject is a part of the UPSC Syllabus devoted to Indian politics.
9th Amendment Of Indian Constitution
To give effect to the resolution of boundary/territorial conflicts between India and Pakistan, the 9th Amendment Act was initiated. It was in the years 1958, 1959, and 1960. In light of this, certain territories were handed to Pakistan following mutual discussion. The Indian and Pakistan governments agreed to various terms.
In pursuance of the India-Pakistan agreement, the Berubari Union was divided horizontally. It parted from the northeast corner of Debiganj Thana. This amendment also led to the settlement of various boundary issues. The states of Punjab, West Bengal, Assam, as well as the Union territory of Tripura, were involved in it.
When the disputed area was still part of East Pakistan in1958, Jawaharlal Nehru and Feroze Khan Noon, the Pakistani prime minister, reached a settlement.
- India and Pakistan agreed to the exchange of the regions.
- The horizontal division of the Berubari Union 12 was to take place.
- It is necessary to carry out an enclave for Enclave to avoid any territory losses.
Reason For 9th Amendment Act Of 1960
The West Bengal government disagreed with the Nehru-Noon agreement. As per the Nehru-Noon agreement the Berubari Union’s territory has to be divided between India and Pakistan. Following this, the Union referred the issue to the SC, which concluded that the ceding of Indian land to a foreign nation is not encompassed by Parliament’s authority to diminish a state’s area (under Article 3).
Therefore, a change to the Constitution pursuant to Article 368 is required in order to relinquish Indian territory to a foreign nation.
Hence, the 9th amendment was enacted in the year 1960.
In accordance with a statute related to article 368 of the Constitution, the First Schedule was altered to reflect the transfer of these lands.
Significance Of 9th CAA
The Nehru-Noon Agreement between India and Pakistan was the basis for the 9th Amendment to the Indian Constitution. These agreements involved the transfer of certain territories from India to Pakistan. The Ninth Amendment Act of 1960 provided that the transfer of disputed territories to Pakistan from India was legal.
The Ninth Amendment to the Indian Constitution has various impacts. The amendment helped in minor territory adjustments as a result of the India-Pakistan agreement. Several Indian states’ territory was divided under this act.
The Constitution (Ninth Amendment) Act, 1960, is the name of this act. In the 11th year of the Republic of India, it was adopted by Parliament.
The Ninth Amendment Act significantly modified the Constitution, causing the transfer of certain regions to Pakistan in line with deals signed between the two governments of India and Pakistan. The “Indo-Pak agreements,” also known as the Nehru-Noon agreement, led to India’s Berubari Union (West Bengal) ceding to Pakistan.
What Is The Significance Of the 9th Amendment Of Indian Constitution?
By amending the first schedule of Indian Constitution, this 9th CAA made it possible for the transfer of certain disputed territories from India to Pakistan.