Ram Kishore Sen v. Union of India

Quick Summary

This case tests if the 9th Constitutional Amendment (used to transfer parts of the Berubari area to Pakistan after the Re Berubari opinion) is valid. The Supreme Court said: Yes, it is valid. Article 3 can change State boundaries inside India, but giving land to a foreign country needs Article 368. The Court dismissed the writ petitions.

Issues

• Was the 9th Amendment Act, passed after Re Berubari, constitutionally valid?

Rules

• Article 3(c): Parliament may by law diminish the area of any State. This is for internal changes inside India.
• Re Berubari (Advisory): To transfer Indian territory to a foreign State, a constitutional amendment under Article 368 is required.
• 9th Amendment Act: Implemented the India–Pakistan agreements to transfer specified parts of Berubari.

Arguments

Judgment

Held: The Supreme Court dismissed the writ petitions and upheld the 9th Amendment.

The Court reiterated that Article 3 deals with internal reorganisation. For transfer to a foreign State, Article 368 amendment is necessary. The Court also noted that in Re Berubari, while reading “State” in Article 3, the General Clauses Act aspects about Union Territories were not fully weighed—but this did not change the outcome here.

Ratio Decidendi

• Territorial cession to a foreign State cannot be done by an Article 3 law; it needs a constitutional amendment under Article 368.
• The 9th Amendment validly implements the India–Pakistan agreement on Berubari.

Why It Matters

This case gives a clear exam rule: Article 3 for internal changes; Article 368 for cession abroad. It also ties Re Berubari to the 9th Amendment, showing how advisory opinions shape later amendments and litigation.

Key Takeaways

• Article 3 ≠ Cession: It is for internal State area changes.
• Article 368 needed to transfer Indian land to a foreign State.
• 9th Amendment stands: Writ petitions failed.

Mnemonic + 3-Step Hook

Mnemonic: “3 is In, 368 is Out” — Article 3 is for inside India; Article 368 is for land going out to another country.

1. Spot the action: internal change or foreign cession?
2. Select the article: 3 (internal) or 368 (cession).
3. State the outcome: 9th Amendment valid → petitions dismissed.

IRAC Outline

Glossary

Cession

Giving part of India’s territory to a foreign country.

Article 3

Lets Parliament change State boundaries within India.

Article 368

Procedure to amend the Constitution.

Re Berubari

Advisory opinion guiding the need for Article 368 in cession.

FAQs

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