Question

If India decides to cede territory to any of its neighbours, which of the following would be used by the Parliament?

1. Article 2
2. Article 3
3. Article 368


Select the correct answer using the options given below.

(a) 1 and 2 only

(b) 2 and 3 only

(c) 3 only

(d) 1, 2 and 3​

Answer 1

Option C - 3 Only

■ More Information :-

• Being a sovereign state, India can acquire foreign territories or cede own territories according to the modes recognized by international law, i.e., cession (following treaty, purchase, gift, lease or plebiscite), occupation (hitherto unoccupied by a recognized ruler), conquest or subjugation.

Article 2 :-

• It relates to the admission or establishment of new states that are not part of the Union of India.

Arricle 3 :-

• It relates to the formation of or changes in the existing states of the Union of India. In other words, it deals with the internal re-adjustment inter se of the territories of the constituent states of the Union of India.

• The Supreme Court held that the power of Parliament to diminish the area of a state (under Article 3) does not cover the cession of Indian territory to a foreign country. Hence, Indian territory can be ceded to a foreign state only by amending the Constitution under Article 368.

• The 100th Constitutional Amendment Act (2015) was enacted to give effect to the acquiring of certain territories by India and transfer of certain other territories to Bangladesh in pursuance of the agreement and its protocol entered into between the Governments of India and Bangladesh.

• Under this deal, India transferred III enclaves to Bangladesh, while Bangladesh transferred 51 enclaves to India.

• The settlement of a boundary dispute between India and another country does not require a constitutional amendment. It can be done by executive action as it does not involve cession of Indian territory to a foreign country. It was ruled by the Supreme Court in 1969.

___________

Answer 2

Answer:

✍ACCORDING ARTICLE 2 of the Constitution the President has the following powers:

of the Constitution the President has the following powers:Serve as commander in chief of the armed forces.

of the Constitution the President has the following powers:Serve as commander in chief of the armed forces.Commission officers of the armed forces.

of the Constitution the President has the following powers:Serve as commander in chief of the armed forces.Commission officers of the armed forces.Grant reprieves and pardons for federal offenses (except impeachment)

of the Constitution the President has the following powers:Serve as commander in chief of the armed forces.Commission officers of the armed forces.Grant reprieves and pardons for federal offenses (except impeachment)Convene Congress in special sessions.

of the Constitution the President has the following powers:Serve as commander in chief of the armed forces.Commission officers of the armed forces.Grant reprieves and pardons for federal offenses (except impeachment)Convene Congress in special sessions.Receive ambassadors.

✍ARTICLE 3 of the Constitution establishes and empowers the judicial branch of the national government. ... But one of the first things Congress did in 1789, the year the new government got going, was to set up a federal judiciary, including the Supreme Court—with six Justices.

✍ ARTICLE 368 of the Constitution of India grants constituent power to make formal amendments and empowers Parliament to amend the Constitution by way of addition, variation or repeal of any provision according to the procedure laid down therein, which is different from the procedure for ordinary legislation.

3only