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.