IN RE: THE BERUBARI UNION ANDEXCHANGE OF ENCLAVES vs REFERENCE UNDER ARTICLE 143(1) OFTHE CONSTITUTION OF INDIA

The Supreme Court, in its advisory opinion under Article 143(1), held that the Indo-Pakistan Agreement of 1958, which proposed the division of Berubari Union and the exchange of enclaves, involves the cession of Indian territory to Pakistan. The Court clarified that the implementation of this Agreement would alter the boundaries of West Bengal and affect Entry 13 of the First Schedule of the Constitution. It was determined that the preamble of the Constitution does not limit Parliament's power to cede territory, and Article 1(3)(c) does not confer any such prohibition.