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Q120 (CDS-II/2016) Polity & Governance › Preamble, Union & Territory, Citizenship › State and UT reorganisation Answer Verified

Some Indian territory was transferred in 2015 to Bangladesh by following which procedure?

Result
Your answer: —  Â·  Correct: C
Explanation

The correct answer is Option 3. The transfer of Indian territory to Bangladesh in 2015 was executed through the 100th Constitutional Amendment Act. This followed the landmark Berubari Union case (1960), where the Supreme Court ruled that the power of Parliament to diminish the area of a state under Article 3 does not cover the cession of Indian territory to a foreign country. Such a transfer can only be effected by amending the Constitution under Article 368.

  • Option 1 is incorrect because a mere executive agreement is insufficient for ceding territory.
  • Option 2 is incomplete as it lacks the constitutional basis of Article 368.
  • Option 4 is incorrect because an amendment involving Schedule 1 does not fall under the proviso of Article 368(2) requiring state ratification, as it does not affect the federal structure or the representation of states in Parliament.

Therefore, the territory was transferred by exercising the constituent power of Parliament to amend Schedule 1, which defines the territorial extent of India.

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