0:05 [Music]
0:07 hello and welcome everyone to the polity
0:10 primer series of just my name is praga
0:13 and in today's insightful episode of
0:15 polity primer we are going to discuss
0:18 yet another important Constitutional
0:21 Amendment act and we are also going to
0:23 try to find an answer to a very
0:26 important question that can India seat
0:30 its own territory to any foreign Nation
0:32 or not the title of our today's
0:34 discussion is the ninth Constitutional
0:37 Amendment act explained in this
0:39 discussion we are firstly going to study
0:41 about what is the ninth Constitutional
0:43 Amendment act then we are also going to
0:46 study about the historical background
0:49 behind this act or the enactment of this
0:52 act into our Indian constitution then we
0:54 are also going to analyze its the
0:56 provisions and then we are also going to
0:59 study about the ruling of The Honorable
1:02 Supreme Court of India in the landmark
1:05 case of re berubari Union and lastly
1:07 we'll see some of the questions for your
1:09 prelims examination and a question for
1:12 your Main's examination so if I talk
1:15 about the purpose behind having this
1:17 ninth Constitutional Amendment act the
1:19 significance and importance of this
1:22 Constitutional Amendment act so let me
1:24 explain it to you after we got
1:26 independence there were some of the
1:29 Border disputes between the government
1:31 of India and the government of Pakistan
1:32 and the government of India and
1:35 government of Pakistan signed three
1:40 agreements in the year 1958 1959 and
1:43 1960 and these agreements were related
1:46 to The Border disputes pertaining to
1:50 some Indian states such as
1:52 Assam West Bengal
1:54 Bengal
1:58 Punjab and Union territory of tripura
2:05 at that point of time tripura was a
2:07 union territory and it was not a state
2:10 so basically the purpose of ninth
2:13 Constitutional Amendment Act was to give
2:16 effect to these agreements that were
2:18 ongoing between the government of India
2:21 and government of Pakistan to resolve
2:24 all of the Border [Music]
2:28 [Music] disputes
2:31 disputes
2:34 so if I talk about the historical
2:36 background behind the enactment of this
2:39 ninth Constitutional Amendment act so
2:42 there was this nehu noon agreement the
2:44 agreement between the two Nations that
2:47 is India and Pakistan was signed in
2:50 1958 by Prime Ministers jawaharlal nehu
2:54 of India and pero Khan nonon Pakistan
2:57 India and Pakistan agreed to exchange
3:00 the territories so yes India India is
3:04 allowed to seed its own territory to a
3:06 foreign Nation as I have asked this
3:08 question in the beginning of my today's
3:11 discussion so yes it was allowed and by
3:15 this agreement dated 1958 the government
3:17 of India was seeding some of its
3:19 territories to the government of
3:24 Pakistan the berubari union 12 that is a
3:27 small border area was to be divided
3:31 horizontally inclave for Enclave must be
3:33 completed in order to prevent any
3:36 territorial loss so basically they were
3:38 seeding this Indian Territory to the
3:45 forward even after India and Pakistan
3:48 signed the Neu noon agreement the West
3:51 Bengal government was against dividing
3:54 the area of the baruri union and
3:56 consequently this case reached before
3:59 The Honorable Supreme Court of India by
4:03 a presidential reference under article
4:08 143 of our Indian Constitution
4:24 constitution and the case name was re
4:27 berubari Union case and it was a special
4:30 reference one of the year 19 60 and we
4:32 are going to study about it in our
4:34 further slides what the Supreme Court
4:36 ruled in this case but before that let
4:40 us examine the key provisions of the 9th
4:42 Constitutional Amendment act so as we
4:44 are discussing that yes there were
4:46 ongoing agreements between the
4:47 government of India and the government
4:50 of Pakistan to resolve the Border
4:53 dispute and the Ninth Amendment of the
4:55 Indian constitution provides for the
4:58 appointment of a date by the central
5:00 government notifi IED in the official
5:03 gadget for the transfer of territories
5:05 to Pakistan as demarcated and referred
5:09 to in the first schedule so basically it
5:12 provided for a appointment of date for
5:15 such transfer to come into existence moving
5:17 moving
5:20 forward the amendment defines the
5:23 appointed day which is the date of the
5:25 transfer of the territories to Pakistan
5:28 different dates may be appointed for the
5:30 transfer of territories from different
5:32 states and the union territory of
5:34 tripura the amendment defines the
5:37 transfer territory which refers to the
5:39 territories comprised in the Indo
5:41 Pakistan agreements and demarcated for
5:44 the purpose of being transferred to
5:47 Pakistan so basically the whole purpose
5:49 of bringing this constitutional
5:52 amendment was to seed Indian territories
5:55 to the government of Pakistan as per the
5:57 agreement signed between our Prime
5:59 Ministers that is jawaharlal nehu and
6:03 and the prime minister of Pakistan okay
6:06 moving forward now let us discuss what
6:09 the Supreme Court ruled in the reari
6:11 union case because we have seen that yes
6:13 the case refer was referred to The
6:15 Honorable Supreme Court of India under
6:18 article 143 by the president of India
6:21 let me know what does article 143 talk
6:24 about okay in the comment section below
6:27 so in relation to the Preamble of India
6:29 the Supreme Court further concluded that
6:32 the Preamble is not a part of the Indian
6:35 constitution and this has been asked in
6:38 various competitive examinations in
6:40 which uh case the Supreme Court has
6:43 ruled that Preamble is not a part of the
6:46 Indian constitution so it was the reuber
6:49 union case in this case the Supreme
6:52 Court held at Preamble is explicitly not
6:54 a part of our Indian constitution but
6:57 can be used as a Guiding Light for
7:00 interpreting the Constitution and in
7:03 relation to Article 1 Clause 3 sub
7:05 Clause C the Supreme Court held that
7:08 this article does not Grant authority to
7:11 India to acquire territories it makes a
7:13 provision for the absorption and
7:15 integration of foreign territories that
7:18 may be acquired by the Indian Union but
7:20 it does not give any authority to the
7:23 government of India to seed its
7:27 territory to a foreign Nation moving
7:30 forward in relation to article 368 which
7:33 deals with the amendment of the Indian
7:35 constitution it was decided that
7:38 amending Article 1 is under the pre
7:41 perview of the power to amend our
7:44 constitution hence it would be logically
7:47 include the power to seed national
7:50 territory in favor of a foreign state so
7:53 basically Indian government is allowed
7:56 to seed its own territory to a foreign
7:58 state but it can only be done by
8:01 bringing in a constitutional amendment
8:04 under article 368 of our Indian
8:06 constitution and that is why the ninth
8:09 constitutional amendment was enacted by
8:11 our Indian Parliament so that the Border
8:14 dispute can be resolved between India
8:17 and Pakistan and The Enclave to inli
8:20 transfer could take
8:23 effect this means that the Neu noon
8:25 agreement is subjected to the approval
8:28 of both houses of the parliament and
8:31 definitely a territory transfer can only
8:33 be done by bringing a constitutional
8:36 amendment so this was the basic ruling
8:38 of The Honorable Supreme Court of India
8:41 in the reuber union case so with this we
8:43 come to a conclusion of our today's
8:45 discussion we have seen what was the
8:47 n9th Constitutional all about then we
8:50 have also seen its historical background
8:52 we have also analyzed its key provisions
8:54 and we have also seen the ruling of The
8:57 Honorable Supreme Court of India in the
9:01 reuber union case now let us uh see a
9:03 practice question for your prelims
9:05 examination so in the previous session
9:08 this was the question which I asked you
9:10 and uh said that drop your answers in
9:12 the comment box below so the question
9:14 was consider the following statements
9:16 your statement number one was sth
9:18 Constitutional Amendment act abolished
9:20 the existing classification of States
9:24 into four categories that is part A Part
9:26 B part C and Part D States and
9:29 reorganized them into 14 States and six
9:32 union territories your statement number
9:34 two was it provided for the
9:36 establishment of a common high court for
9:39 two or more States so which of the
9:41 statements given above is our correct
9:44 your options were option A was one only
9:47 option b was two only option C was both
9:49 one and two and option D was none of the
9:52 above so the correct answer of this
9:55 question is going to be option C both
9:58 his statements one and two are correct
10:01 now now let us discuss a PR some of the
10:08 session so the question is which of the
10:10 following statements is true regarding
10:13 the ninth Constitutional Amendment act
10:15 the option is is it upheld the validity
10:18 of the Constitutional 9th Amendment Act
10:21 of 1960 the option b is it granted state
10:23 governments more autonomy in the matters
10:26 of Taxation and Revenue generation your
10:29 option C is established a new system of
10:32 governance with a by Camal legislature
10:34 at the state level and your option D is
10:36 it amended the process of appointment
10:39 and removal of the Supreme Court judges
10:41 so I'm revealing the correct answer for
10:44 you the correct answer will be option A
10:46 it upheld the validity of the
10:50 Constitutional 9th Amendment Act of
10:54 1960 let us discuss one more question
10:56 the question is Preamble is not a part
10:59 of the Indian constitution this was was
11:02 held in the case of option a re berubari
11:05 Union case option b i goak versus state
11:08 of Punjab case then option C keshwanand
11:11 bharti case and option D is none of the
11:13 above cases so kindly drop your answers
11:16 in the comment box below now let us
11:17 discuss a practice question for your Main's
11:23 examination so the question is discuss
11:25 the significance of 9th Constitutional
11:27 Amendment act you will write about the
11:29 historical background the signing of
11:30 agreements between the government of
11:33 India and the government of Pakistan and
11:35 you will also frame this question that
11:37 whether Indian government is allowed to
11:39 seed its own territory to a foreign
11:42 Nation so yes they are allowed to do so
11:45 but only through a constitutional
11:48 amendment by bringing a an amendment in
11:50 the Indian constitution under article
11:53 368 then you will write that yes this
11:55 amendment Act was finally validated in
11:58 the Supreme Court ruling of reob Union
12:00 case so basically it felicitated the
12:03 transfer of certain territories from the
12:04 government of India to the government of
12:07 Pakistan and it is very significant in
12:10 nature because For the First Time to
12:13 resolve border disputes legal methods
12:16 were used legal techniques were used so
12:19 this uh is the significance of the n9th
12:21 Constitutional Amendment act and you can
12:24 conclude very holistically I hope this
12:26 session was insightful for you if you
12:28 have any feedback regarding this session
12:30 you can give it in the comment box below
12:33 if you like the today's discussion and
12:35 found it to be helpful kindly like the
12:37 video and subscribe to our channel for
12:40 more such updates and if you want a PDF
12:41 of this session you can join the
12:44 telegram Channel and you will get the
12:46 PDF the link of the telegram channel is
12:56 you for more informative content like
12:59 share and subscribe and do not forget to
Chrome Extension