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Ninth Amendment Act, 1960 of Indian Constitution

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  • Last Updated : 29 Jun, 2022
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Ninth Amendment Act, 1960

Nehru and Noon wanted to resolve the matters related to certain enclaves and borders of the states of Assam, West Bengal, Punjab and the Union Territory of Tripura. Thus, an agreement was signed between India and Pakistan. Agreements between the governments of India and Pakistan dated 10th September 1958, 23rd October 1959, and 11th January 1960 settled certain boundary disputes between the governments of India and Pakistan. 

Nehru-Noon Agreement

In 1958, Prime Minister of India Mr. Jawaharlal Nehru and Mr. Feroze Khan Noon, Prime Minister of Pakistan signed the Agreement between the two countries of India and Pakistan.

a) It was decided by India and Pakistan to exchange the territories.
b) Horizontal division of the Berubari Union 12 was to be done.
c) In order to avoid any territorial loss, Enclave for Enclave needs to be done.

Reason Behind the Ninth Amendment Act, 1960

The government of West Bengal opposed to divide the territory of the Berubari Union even after the signing up of the Nehru-Noon Agreement between India and Pakistan. As a result, the matter was referred to the Supreme Court of India by the Union and Supreme Court held that the power of the Parliament to diminish the area of a state ( which is enumerated in the Article 3 of the Constitution) does not contain the cession of the Indian territory to a foreign country. 
Therefore, an amendment needs to be made according to Article 368 of the Constitution so that Indian territory can be ceded to a foreign country. Hence, the Ninth Amendment Act, of 1960 was enacted.

Significance of the Ninth Amendment Act

The Ninth Amendment Act, of 1960 further amended the Constitution of India. Certain Agreements were signed between the Governments of India and Pakistan in the years 1958, 1959 and 1960 for the transfer of certain territories to Pakistan. The Act gave effect to that.

Related Frequently Asked Questions with Answers:

Q1. What was the reason behind the Ninth Amendment Act, of 1960?
Answer– The government of West Bengal opposed dividing the territory of the Berubari Union even after the signing up of the Nehru-Noon Agreement between India and Pakistan. As a result, the matter was referred to the Supreme Court of India by the Union and Supreme Court held that the power of the Parliament to diminish the area of a state ( which is enumerated in the Article 3 of the Constitution) does not contain the cession of the Indian territory to a foreign country. 
Therefore, an amendment needs to be made according to Article 368 of the Constitution so that Indian territory can be ceded to a foreign country. Hence, the Ninth Amendment Act, of 1960 was enacted.

Q2. Mention the significance of the Ninth Amendment Act.
Answer- The Ninth Amendment Act, of 1960 further amended the Constitution of India. Certain Agreements were signed between the Governments of India and Pakistan in the years 1958, 1959 and 1960 for the transfer of certain territories to Pakistan. The Act gave effect to that.

Q3. Which Agreement was signed in 1958?
Answer- In 1958, Prime Minister of India Mr. Jawaharlal Nehru and Mr. Feroz Khan Noon, Prime Minister of Pakistan signed the Agreement between the two countries of India and Pakistan.

Q4. What is Article 368?
Answer- Article 368 is enumerated in Part XX of the Indian Constitution. The article is concerned with the powers of the Parliament to amend the Indian Constitution and its procedure. It is also stated in Article 368 that Parliament has powers to change, add or remove any of the provisions mentioned in the Constitution according to the rules and regulations that are laid down in the Constitution.

 

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