The bill is certainly good news for those who live in the enclaves, as they will have access to basic amenities like schools and water. It will finally secure the border and help stem illegal immigration and widespread cross-border smuggling. Under the agreement, the inhabitants of the enclave can continue to reside on their current site or relocate to the country of their choice. If they remain, they will become nationals of the state in which the territories were transferred. So far, stateless citizens have been granted citizenship that solves the question of identity. The agreement will also be useful in resolving multi-point border disputes in Meghalaya, Tripura, Assam and West Bengal. It will help improve connectivity and access to Southeast Asian countries as part of Northeast India`s policy. We conclude here that the Indian parliament is not competent enough to cede territory. However, for such an agreement to be effective, Parliament would have to adopt a constitutional amendment. Efforts to replace the enclaves began in the late 1950s. The first attempt was made in 1958, when India and Pakistan agreed to replace the enclaves “without taking into account territorial losses or profits.” As a result, the ninth amendment to the Indian Constitution was introduced to facilitate the implementation of the agreement. The amendment did not come into force because the political parties were seriously opposed to the transfer of the south from Bérubari to Pakistan. The land border agreement signed in 1974 between India and Bangladesh provides for a “rapid exchange” of enclaves.
Similarly, the additional protocol to the land border agreement, signed between the two countries in September 2011, also provides for the replacement of enclaves and the surrender of unfavourable goods. While Bangladesh had ratified the 1974 border agreement, India still has to ratify it in Parliament. When the issue of enclave exchange emerged in 1958, the Indian president asked the Indian Supreme Court to rule on the need for legislation to implement the India-Pakistan Agreement (Nehru-Noon). The Supreme Court ruled that the implementation of the agreement required a constitutional amendment, as the exchange of enclaves involves the shutdown of a territory to Bangladesh. Since the implementation of the agreement would reduce India`s total area, Article 1 and the relevant parts of the first timetable of the Constitution would have to be amended. The Supreme Court also stated that if Parliament had a law under Article 3 (with regard to the creation of a new state or the modification of territories, borders or the names of an existing state) as an exchange of enclaves would involve changes in the total area of the state of West Bengal, it could do so under Article 368. The country-border agreement was signed on 16 May 1974 between Indira Gandhi and Sheikh Mujibur Rahman, which provided for the exchange of enclaves and the surrender of unfavourable possessions. [17] As part of the agreement, India retained the Union of Bérubari No.