One Hundredth Amendment of the Constitution of India

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The 100th Amendment of the Indian Constitution, also known as the Constitution (One Hundredth Amendment) Act, 2015, was an amendment to the Constitution of India enacted on May 28, 2015. [1]

Contents

Purpose

This Amendment primarily aimed to operationalize the Land Boundary Agreement (LBA) signed between India and Bangladesh in 1974 and its protocol signed in 2011. These agreements aimed to settle long-standing and complex border disputes between the two nations. Here's how the amendment achieved this:

By giving effect to the LBA and its protocol, the 100th Amendment played a crucial role in resolving a historical issue with the potential to improve cross-border cooperation and regional stability.

Effects

This Amendment directly impacted the First Schedule of the Indian Constitution. This schedule serves as a legal document that defines and outlines the territories of each state within India. The amendment modified this schedule to reflect the territorial changes brought about by the Land Boundary Agreement (LBA) and its protocol.

Here's a breakdown of these changes:

  1. Transfer of Indian enclaves: As per the LBA, 111 Indian enclaves became part of Bangladesh. The amendment removed these enclaves from the relevant state territories within the First Schedule.
  2. Acquisition of Bangladeshi enclaves: Conversely, 51 Bangladeshi enclaves were acquired by India. The amendment included these enclaves within the territories of the corresponding Indian states in the First Schedule.
  3. Impact on specific states: The territorial adjustments primarily affected the states of Assam, West Bengal, Meghalaya, and Tripura. These states witnessed changes in their borders due to the exchange of enclaves.
  4. Loss of Land Area: India lost around 40 square kilometers (approximately 15 square miles) to Bangladesh in the exchange of enclaves.Here's a breakdown of the enclave exchange by the number of enclaves:

Essentially, the amendment aligned the legal definition of Indian state territories in the First Schedule with the actual changes on the ground resulting from the LBA and its protocol. This modification ensured legal clarity and consistency between the official map of India and the actual borders established through the agreement.

Significance

The 100th Amendment of the Indian Constitution held considerable significance for several reasons:

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References

  1. "Acts Parliament". PRS Legislative Research. Retrieved 2024-03-04.