Cessinn of Indian territory
anshul sangal
(Querist) 05 February 2010
This query is : Resolved
Sir my question is
Cession of indian territory to foreign country is possible under indian constitution?
A V Vishal
(Expert) 05 February 2010
is it ascession or cessation
N RAMESH.
(Expert) 05 February 2010
This is an interesting question.
Under article 1 of constitution, India can acquire any territory but can not cede or give out any territory.
In Berubari case (Case on exchange of enclaves in Kutch with Pakistan) Supreme Court upheld that even parliament has no power to cede a territory of India and that it can only be done by amendment to the constitution. .
But under a treaty signed with Sri Lanka in 1974, Katchatheevu, an island in Palk Strait, was ceded by government of India to Sri Lanka, reserving fishing rights to Indian fishermen. No constitutional amendment was carried out.
The ceding of Indian territory to another country resulted in 'diminution of the territory of the union' without endorsement by Parliament through a constitutional amendment has not been challenged by anyone.
