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The Ninth Constitutional Amendment Act of India | Polity Primer | Drishti IAS English

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[Music]

hello and welcome everyone to the polity

primer series of just my name is praga

and in today's insightful episode of

polity primer we are going to discuss

yet another important Constitutional

Amendment act and we are also going to

try to find an answer to a very

important question that can India seat

its own territory to any foreign Nation

or not the title of our today's

discussion is the ninth Constitutional

Amendment act explained in this

discussion we are firstly going to study

about what is the ninth Constitutional

Amendment act then we are also going to

study about the historical background

behind this act or the enactment of this

act into our Indian constitution then we

are also going to analyze its the

provisions and then we are also going to

study about the ruling of The Honorable

Supreme Court of India in the landmark

case of re berubari Union and lastly

we'll see some of the questions for your

prelims examination and a question for

your Main's examination so if I talk

about the purpose behind having this

ninth Constitutional Amendment act the

significance and importance of this

Constitutional Amendment act so let me

explain it to you after we got

independence there were some of the

Border disputes between the government

of India and the government of Pakistan

and the government of India and

government of Pakistan signed three

agreements in the year 1958 1959 and

1960 and these agreements were related

to The Border disputes pertaining to

some Indian states such as

Assam West Bengal

Bengal

Punjab and Union territory of tripura

at that point of time tripura was a

union territory and it was not a state

so basically the purpose of ninth

Constitutional Amendment Act was to give

effect to these agreements that were

ongoing between the government of India

and government of Pakistan to resolve

all of the Border [Music]

[Music] disputes

disputes

so if I talk about the historical

background behind the enactment of this

ninth Constitutional Amendment act so

there was this nehu noon agreement the

agreement between the two Nations that

is India and Pakistan was signed in

1958 by Prime Ministers jawaharlal nehu

of India and pero Khan nonon Pakistan

India and Pakistan agreed to exchange

the territories so yes India India is

allowed to seed its own territory to a

foreign Nation as I have asked this

question in the beginning of my today's

discussion so yes it was allowed and by

this agreement dated 1958 the government

of India was seeding some of its

territories to the government of

Pakistan the berubari union 12 that is a

small border area was to be divided

horizontally inclave for Enclave must be

completed in order to prevent any

territorial loss so basically they were

seeding this Indian Territory to the

forward even after India and Pakistan

signed the Neu noon agreement the West

Bengal government was against dividing

the area of the baruri union and

consequently this case reached before

The Honorable Supreme Court of India by

a presidential reference under article

143 of our Indian Constitution

constitution and the case name was re

berubari Union case and it was a special

reference one of the year 19 60 and we

are going to study about it in our

further slides what the Supreme Court

ruled in this case but before that let

us examine the key provisions of the 9th

Constitutional Amendment act so as we

are discussing that yes there were

ongoing agreements between the

government of India and the government

of Pakistan to resolve the Border

dispute and the Ninth Amendment of the

Indian constitution provides for the

appointment of a date by the central

government notifi IED in the official

gadget for the transfer of territories

to Pakistan as demarcated and referred

to in the first schedule so basically it

provided for a appointment of date for

such transfer to come into existence moving

moving

forward the amendment defines the

appointed day which is the date of the

transfer of the territories to Pakistan

different dates may be appointed for the

transfer of territories from different

states and the union territory of

tripura the amendment defines the

transfer territory which refers to the

territories comprised in the Indo

Pakistan agreements and demarcated for

the purpose of being transferred to

Pakistan so basically the whole purpose

of bringing this constitutional

amendment was to seed Indian territories

to the government of Pakistan as per the

agreement signed between our Prime

Ministers that is jawaharlal nehu and

and the prime minister of Pakistan okay

moving forward now let us discuss what

the Supreme Court ruled in the reari

union case because we have seen that yes

the case refer was referred to The

Honorable Supreme Court of India under

article 143 by the president of India

let me know what does article 143 talk

about okay in the comment section below

so in relation to the Preamble of India

the Supreme Court further concluded that

the Preamble is not a part of the Indian

constitution and this has been asked in

various competitive examinations in

which uh case the Supreme Court has

ruled that Preamble is not a part of the

Indian constitution so it was the reuber

union case in this case the Supreme

Court held at Preamble is explicitly not

a part of our Indian constitution but

can be used as a Guiding Light for

interpreting the Constitution and in

relation to Article 1 Clause 3 sub

Clause C the Supreme Court held that

this article does not Grant authority to

India to acquire territories it makes a

provision for the absorption and

integration of foreign territories that

may be acquired by the Indian Union but

it does not give any authority to the

government of India to seed its

territory to a foreign Nation moving

forward in relation to article 368 which

deals with the amendment of the Indian

constitution it was decided that

amending Article 1 is under the pre

perview of the power to amend our

constitution hence it would be logically

include the power to seed national

territory in favor of a foreign state so

basically Indian government is allowed

to seed its own territory to a foreign

state but it can only be done by

bringing in a constitutional amendment

under article 368 of our Indian

constitution and that is why the ninth

constitutional amendment was enacted by

our Indian Parliament so that the Border

dispute can be resolved between India

and Pakistan and The Enclave to inli

transfer could take

effect this means that the Neu noon

agreement is subjected to the approval

of both houses of the parliament and

definitely a territory transfer can only

be done by bringing a constitutional

amendment so this was the basic ruling

of The Honorable Supreme Court of India

in the reuber union case so with this we

come to a conclusion of our today's

discussion we have seen what was the

n9th Constitutional all about then we

have also seen its historical background

we have also analyzed its key provisions

and we have also seen the ruling of The

Honorable Supreme Court of India in the

reuber union case now let us uh see a

practice question for your prelims

examination so in the previous session

this was the question which I asked you

and uh said that drop your answers in

the comment box below so the question

was consider the following statements

your statement number one was sth

Constitutional Amendment act abolished

the existing classification of States

into four categories that is part A Part

B part C and Part D States and

reorganized them into 14 States and six

union territories your statement number

two was it provided for the

establishment of a common high court for

two or more States so which of the

statements given above is our correct

your options were option A was one only

option b was two only option C was both

one and two and option D was none of the

above so the correct answer of this

question is going to be option C both

his statements one and two are correct

now now let us discuss a PR some of the

session so the question is which of the

following statements is true regarding

the ninth Constitutional Amendment act

the option is is it upheld the validity

of the Constitutional 9th Amendment Act

of 1960 the option b is it granted state

governments more autonomy in the matters

of Taxation and Revenue generation your

option C is established a new system of

governance with a by Camal legislature

at the state level and your option D is

it amended the process of appointment

and removal of the Supreme Court judges

so I'm revealing the correct answer for

you the correct answer will be option A

it upheld the validity of the

Constitutional 9th Amendment Act of

1960 let us discuss one more question

the question is Preamble is not a part

of the Indian constitution this was was

held in the case of option a re berubari

Union case option b i goak versus state

of Punjab case then option C keshwanand

bharti case and option D is none of the

above cases so kindly drop your answers

in the comment box below now let us

discuss a practice question for your Main's

examination so the question is discuss

the significance of 9th Constitutional

Amendment act you will write about the

historical background the signing of

agreements between the government of

India and the government of Pakistan and

you will also frame this question that

whether Indian government is allowed to

seed its own territory to a foreign

Nation so yes they are allowed to do so

but only through a constitutional

amendment by bringing a an amendment in

the Indian constitution under article

368 then you will write that yes this

amendment Act was finally validated in

the Supreme Court ruling of reob Union

case so basically it felicitated the

transfer of certain territories from the

government of India to the government of

Pakistan and it is very significant in

nature because For the First Time to

resolve border disputes legal methods

were used legal techniques were used so

this uh is the significance of the n9th

Constitutional Amendment act and you can

conclude very holistically I hope this

session was insightful for you if you

have any feedback regarding this session

you can give it in the comment box below

if you like the today's discussion and

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YouTube Transcript:
The Ninth Constitutional Amendment Act of India | Polity Primer | Drishti IAS English