57 Constitutional Cases in Brief: Quick Notes
Issue: Can the government choose judges even when the Chief Justice disagrees?
48 min read
Study material
Published material from The Law Easy that cites Article 3.
Issue: Can the government choose judges even when the Chief Justice disagrees?
48 min read
About this topic ▶ Watch this part of the lecture (0:00) These notes cover the 57 most important cases of Indian Constitutional Law . They are the cases that keep coming up in LL.B. examinations, in judiciary examinations and in every serious discussion of constitutional law. Every case is studied…
411 min read
Supreme Court of India · 1960
In this 1960 advisory opinion on a Presidential reference under Article 143(1), the Supreme Court held that dividing Berubari Union and exchanging enclaves under the Nehru-Noon Agreement was a cession of Indian territory. Such a cession cannot be done by an executive agreement or by an ordinary law under Article 3. It needs a constitutional amendment under Article 368 that amends Article 1 and the First Schedule by special majority. The case matters because it fixed the constitutional route for giving away territory, which was later followed in the Ninth Amendment (1960) and the Hundredth Amendment (2015).
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