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100th Amendment of the Indian Constitution

The 100th Constitutional Amendment Act, 2015 implemented the historic Land Boundary Agreement (LBA) between India and Bangladesh, enabling the exchange of enclaves (pockets of one country's territory inside another) and resolving a border dispute that had lasted for over 60 years since partition.

Question (Click to Flip)

Which article of the Constitution deals with territory of India?

Answer

Article 1 defines India as 'a Union of States' and specifies the territories. Constitutional amendments involving territory acquisition or cession require a special majority under Article 368 plus ratification by at least half the state legislatures.

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Key Facts

The world's most complex enclave situation existed at Dahala Khagrabari โ€” a piece of India inside Bangladesh, inside India, inside Bangladesh โ€” making it a third-order enclave, one of the rarest geographical features on Earth. It was merged into Bangladesh in 2015.

What the 100th Amendment Did

The 100th Amendment to the Indian Constitution:

  1. Gave effect to the India-Bangladesh Land Boundary Agreement originally signed in 1974 (Indira-Mujib Pact) but unimplemented for 41 years
  2. Allowed the transfer of certain Indian territories to Bangladesh and acquisition of certain Bangladeshi territories by India
  3. Required a constitutional amendment because Article 368 mandates Parliament's approval (with special majority) for any cession of Indian territory

The Enclave Problem

After the 1947 Partition, both India and East Pakistan (later Bangladesh) were left with hundreds of tiny enclaves โ€” small pockets of one country's territory completely surrounded by the other country's land.

  • India had 111 enclaves inside Bangladesh
  • Bangladesh had 51 enclaves inside India
  • Total: 162 enclaves with hundreds of thousands of people living in a bizarre legal limbo โ€” cut off from government services, schools, hospitals, and identity documents of either country

For 68 years, these residents could not vote, own property legally, or access basic services.

The Exchange and Implementation (2015)

Under PM Narendra Modi (India) and PM Sheikh Hasina (Bangladesh):

  • Ratified in May 2015
  • On August 1, 2015, at midnight, the flags changed: 51 Bangladeshi enclaves inside India became Indian territory; 111 Indian enclaves inside Bangladesh became Bangladeshi territory
  • Residents were given the choice to stay (changing nationality) or move to their respective countries
  • India received approximately 7,110 acres of new territory; Bangladesh received approximately 17,160 acres
  • Net: Bangladesh received more land, but India considered this a fair price for permanently resolving an unresolvable boundary dispute

Questions and Answers

Which article of the Constitution deals with territory of India?+

**Article 1** defines India as 'a Union of States' and specifies the territories. Constitutional amendments involving territory acquisition or cession require a special majority under **Article 368** plus ratification by at least half the state legislatures.

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