Which of the following Constitutional Amendment Act was passed in light of the advisory opinion received in Re Berubari case ?

All India Bar Examination (AIBE) 18-XVIII Previous Year Question Papers with Answers

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Which of the following Constitutional Amendment Act was passed in light of the advisory opinion received in Re Berubari case ?

A: The Constitution (Fourth Amendment) Act, 1955

B: The Constitution (Seventh Amendment) Act, 1956

C: The Constitution (Ninth Amendment) Act, 1960

D: The Constitution (Eleventh Amendment) Act, 1961

The answer is: C

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Explanation

(C) The Constitution (Ninth Amendment) Act, 1960

Explanation

• The Re Berubari Union case (1960) dealt with the interpretation of Article 3 of the Constitution regarding the power of Parliament to cede territory to another country.

• The Supreme Court, in its advisory opinion, held that Parliament cannot cede Indian territory to a foreign state under Article 3; such power requires a Constitutional Amendment under Article 368.

• In light of this opinion, the Ninth Amendment Act, 1960 was passed to facilitate the implementation of the Indo-Pakistan Agreement (Nehru–Noon Agreement, 1958), which involved the transfer of Berubari Union (West Bengal) and certain enclaves to Pakistan.