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    ​The amendment concessioned the cession of the Indian territory of the Berubari Union (located in West Bengal) as provided for in the Indo-Pakistan Ag
    Question

    ​The amendment concessioned the cession of the Indian territory of the Berubari Union (located in West Bengal) as provided for in the Indo-Pakistan Agreement.​

    A.

    ​Eighth​


    B.

    Tenth

    C.

    Eleventh

    D.

    Ninth

    Correct option is D

    Correct Answer: (D) Ninth

    Explanation:
    The Ninth Amendment of the Indian Constitution (1960) facilitated the cession of the Berubari Union to Pakistan as per the Indo-Pakistan Agreement of 1958, also known as the Nehru-Noon Agreement. This amendment was enacted following the Supreme Court's advisory opinion in the Berubari Union Case, which stated that any cession of Indian territory to a foreign country required a constitutional amendment under Article 368.

    Additional Facts:
    ● Background: The Berubari Union, located in the Jalpaiguri district of West Bengal, became a disputed territory between India and Pakistan due to ambiguities in the Radcliffe Award during the Partition of India in 1947.
    ● Supreme Court Advisory Opinion: In 1960, the Supreme Court of India opined that the implementation of the Nehru-Noon Agreement, which involved the cession of the Berubari Union to Pakistan, necessitated a constitutional amendment under Article 368, as such a cession would alter India’s territory.
    ● Ninth Amendment Act, 1960: To give effect to the agreement, Parliament enacted the Ninth Amendment, amending the First Schedule of the Constitution to transfer Berubari Union to Pakistan.
    ● Legal Precedent: This amendment set a precedent that any change in Indian territory with a foreign country must be executed through a formal constitutional amendment.

    The Ninth Amendment played a significant role in shaping India's legal framework regarding territorial adjustments and border settlements with neighboring countries.

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