In 2015, some Indian territory was transferred to Bangladesh under which specific constitutional and legal procedure?

Difficulty: Medium

Correct Answer: By amending Schedule 1 using the constitutional amending power of Parliament plus ratification by more than half of the State Legislatures

Explanation:


Introduction / Context:
In 2015, India and Bangladesh resolved a long pending border issue that involved enclaves and adverse possessions along the international boundary. The settlement required an actual transfer of territory between the two countries. Such a transfer cannot be done merely through a simple executive agreement, because it changes the territory and the Constitution of India. This question checks whether you understand the correct constitutional procedure used for this land boundary agreement and the subsequent territorial adjustment.


Given Data / Assumptions:

  • The year in question is 2015.
  • The issue concerns transfer of some Indian territory to Bangladesh.
  • Schedule 1 of the Constitution of India lists the states and their territories.
  • The options describe different ways this schedule could be changed, involving agreements, ordinary laws, or constitutional amendments with or without state ratification.


Concept / Approach:
Changing the territory of India or the boundaries of states in a way that affects the Constitution requires a constitutional amendment, not just an executive agreement or ordinary law. Additionally, certain types of constitutional amendments that affect federal provisions need ratification by at least half of the State Legislatures under Article 368. The 100th Constitutional Amendment Act, 2015, implemented the India Bangladesh Land Boundary Agreement and included such a process, which means that Parliament used its amending power and the amendment was ratified by more than half of the states.


Step-by-Step Solution:
Step 1: Understand that altering the boundary between India and Bangladesh required changes in the constitutional description of territory. Step 2: Recognise that Schedule 1 of the Constitution lists states and territories, so transferring enclaves means adjusting this schedule. Step 3: Under Article 368, amendments that affect federal provisions, including changes in state boundaries, often require ratification by more than half of the State Legislatures. Step 4: In 2015, the 100th Constitutional Amendment was passed to give effect to the Land Boundary Agreement with Bangladesh. Step 5: This amendment involved the constitutional amending power of Parliament and ratification by state legislatures, which matches option describing amendment plus ratification.


Verification / Alternative check:
If you look at lists of constitutional amendments, the 100th Amendment Act clearly mentions the India Bangladesh Land Boundary Agreement and changes in territories of states like West Bengal, Assam, Meghalaya, and Tripura. Such amendments are not possible through a simple executive agreement or ordinary law, because they alter the constitutional definition of territory. Reports on the process also highlight the requirement of ratification by state legislatures, confirming that this was not a unilateral action by Parliament alone.


Why Other Options Are Wrong:
By a simple agreement between the governments of India and Bangladesh: An international agreement alone cannot alter the constitutional territory of India; it must be implemented by constitutional processes.

By ordinary legislation of Parliament amending Schedule 1: Ordinary law cannot override or amend the Constitution; changes to Schedule 1 require a constitutional amendment.
By amending Schedule 1 using the ordinary amending power of Parliament alone: While Parliament amends the Constitution, certain federal changes also need ratification by the states, so this description is incomplete.


Common Pitfalls:
A common mistake is to assume that any boundary arrangement between two countries can be handled only through diplomacy and executive agreements. However, when such arrangements affect the constitutional description of India territory, formal constitutional amendment procedures must be followed. Another pitfall is overlooking the role of state ratification in specific amendments that have a federal impact.


Final Answer:
In 2015, some Indian territory was transferred to Bangladesh by amending Schedule 1 using the constitutional amending power of Parliament plus ratification by more than half of the State Legislatures.

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