Malcolm Rivera
The Constitution (One Hundredth Amendment) Act, 2015, also known as the 100th Constitutional Amendment Act, 2015, was an amendment to the Indian Constitution. It ratified the land boundary agreement between India and Bangladesh, amending the 1st schedule of the constitution to facilitate the exchange of disputed territories. India received 51 Bangladeshi enclaves, while Bangladesh received 111 Indian enclaves.
| Characteristics | Values |
|---|---|
| Year | 2015 |
| Purpose | To ratify the land boundary agreement between India and Bangladesh |
| Territories transferred to Bangladesh | 51 enclaves covering 7,110 acres |
| Territories transferred to India | 111 enclaves covering 17,160 acres |
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What You'll Learn
Ratified the land boundary agreement between India and Bangladesh
The 100th Amendment to the Indian Constitution, also known as the Constitution (One Hundredth Amendment) Act, 2015, ratified the land boundary agreement between India and Bangladesh. This agreement involved the exchange of disputed territories occupied by both nations, with India transferring 51 enclaves to Bangladesh and Bangladesh transferring 111 enclaves to India. The specific territories exchanged covered 7,110 acres in the Indian mainland and 17,160 acres in the Bangladeshi mainland, respectively.
The land boundary agreement between the two countries was first addressed in the 1974 bilateral LBA. However, the draft legislation on the India-Bangladesh land swap agreement remained pending in the Rajya Sabha for several years until it was passed in 2015 as the 100th Amendment to the Indian Constitution.
The implementation of this agreement addressed three outstanding border issues: boundary disputes, the impact on residents in the exchanged territories, and the demarcation of boundaries in the exchanged territories. By ratifying this agreement, India and Bangladesh were able to resolve long-standing disputes and establish clear boundaries between their respective territories.
The 100th Amendment to the Indian Constitution is a significant milestone in the relationship between India and Bangladesh, demonstrating their commitment to peaceful conflict resolution and the creation of mutually beneficial agreements. This amendment not only resolved border disputes but also set a precedent for future cooperation and collaboration between the two countries.
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Transferred 51 enclaves to Bangladesh
The Constitution (One Hundredth Amendment) Act, 2015, was enacted to give effect to the acquiring of territories by India and the transfer of certain territories to Bangladesh. The Amendment ratified the land boundary agreement between the two countries, which shared a 4,096 km land boundary. This boundary covered the Indian states of West Bengal, Assam, Tripura, Meghalaya, and Mizoram.
The Amendment led to India transferring 51 enclaves to Bangladesh, while Bangladesh transferred 111 enclaves to India. The enclaves were disputed territories occupied by both nations. The total area transferred to India was 7,110 acres, while the area transferred to Bangladesh was 17,160 acres. This meant that India incurred a net loss in terms of area occupancy, with a loss of around 40 square kilometres or 10,000 acres.
The enclaves were exchanged in phases between 31 July 2015 and 30 June 2016. The residents of the enclaves were allowed to either reside at their present location or move to the country of their choice. The implementation of the Land Boundary Agreement paved the way for significant cross-border investment and increased connectivity with Southeast Asia as part of India's North-eastern policy. It also helped address strategic concerns, including security cooperation and denying sanctuary to elements hostile to India.
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Received 111 Bangladeshi enclaves
The 100th Constitutional Amendment Act, 2015, ratified the land boundary agreement between India and Bangladesh. The agreement was signed in 1974 but was not ratified as it involved the transfer of territory, which required a constitutional amendment. The 100th Amendment amended the 1st schedule of the constitution to facilitate the exchange of disputed territories occupied by both nations.
As part of the agreement, India received 51 Bangladeshi enclaves, covering 7,110 acres, in the Indian mainland. Bangladesh received 111 Indian enclaves, covering 17,160 acres, in the Bangladeshi mainland. The official Indo-Bangladesh Boundary Commission figure states that there were 111 Indian and 51 Bangladeshi exchangeable enclaves. However, some sources state that Bangladesh received 95 to 101 of the 103 Indian enclaves (111 out of 119 chhits) that were inside Bangladesh proper.
The enclaves were located in the Indian states of West Bengal, Tripura, Assam, and Meghalaya, which share a 4,096 km land boundary with Bangladesh. The exchange of these enclaves resulted in India losing around 40 km2 (10,000 acres) of land. The residents of these enclaves, who were previously without a nationality, were allowed to choose their nationality.
The 100th Constitutional Amendment Act, 2015, was approved by the Rajya Sabha on 6 May 2015 and by the Lok Sabha the following day. President Pranab Mukherjee gave his assent to the Act on 28 May 2015, and the agreement was ratified by Indian Prime Minister Narendra Modi on 6 June 2015 during his visit to the Bangladeshi capital, Dhaka.
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Amended the 1st schedule of the Indian constitution
The 100th Amendment to the Indian Constitution, also known as the Constitution (One Hundredth Amendment) Act, 2015, ratified the land boundary agreement between India and Bangladesh. This agreement involved the exchange of disputed territories occupied by both nations, with India transferring 51 enclaves to Bangladesh and Bangladesh transferring 111 enclaves to India.
The amendment specifically amended the 1st schedule of the Indian Constitution, which pertains to the territorial demarcation between the two countries. The territorial exchanges were made in accordance with the 1974 bilateral Land Boundary Agreement (LBA) between India and Bangladesh. The LBA aimed to resolve long-standing boundary disputes and create a more stable and mutually agreed-upon border.
The implementation of the 100th Amendment resulted in India acquiring 51 Bangladeshi enclaves, totalling 7,110 acres in area, while transferring 111 Indian enclaves, covering 17,160 acres, to Bangladesh. This exchange ensured a more coherent and contiguous border between the two countries, reducing potential points of conflict and improving the efficiency of border management and security.
The 100th Amendment addressed three critical border issues between India and Bangladesh. Firstly, it resolved boundary disputes relating to both land and maritime boundaries, reducing risks and uncertainties for companies operating or investing in these areas, especially in sectors such as energy exploration and resource ownership. Secondly, it streamlined border management by creating a more defined and mutually recognised border, making it easier for authorities on both sides to patrol, secure, and manage the border effectively. Finally, the amendment strengthened bilateral relations between India and Bangladesh, demonstrating a commitment to peaceful conflict resolution and setting a precedent for collaborative border management.
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Resolved border disputes
The 100th Amendment to the Indian Constitution, also known as the Constitution (One Hundredth Amendment) Act, 2015, resolved long-standing border disputes between India and Bangladesh. The amendment ratified the land boundary agreement between the two countries, amending the 1st schedule of their respective constitutions to facilitate the exchange of disputed territories.
Prior to the amendment, India and Bangladesh occupied several enclaves within each other's mainland territories. The amendment led to the transfer of 51 Indian enclaves to Bangladesh, totalling 17,160 acres, and the transfer of 111 Bangladeshi enclaves to India, amounting to 7,110 acres. This exchange addressed three significant border issues, bringing an end to territorial disputes between the neighbouring nations.
The implementation of the Land Boundary Agreement, in accordance with the 1974 bilateral agreement, brought about a resolution to these border disputes. The agreement entered into force on 6 June 2015, marking a significant milestone in the relationship between India and Bangladesh.
The resolution of these territorial disputes through the 100th Constitutional Amendment had far-reaching implications. It not only strengthened the bilateral ties between the two countries but also created a more stable environment for businesses and investments in the energy sector and beyond. By providing clarity on territorial boundaries, the amendment mitigated risks and uncertainties associated with exploration and ownership of natural resources.
Overall, the 100th Constitutional Amendment, which resolved border disputes between India and Bangladesh, stands as a testament to the commitment of both nations to peaceful conflict resolution. The exchange of territories not only fostered improved relations but also paved the way for enhanced economic opportunities and a more stable geopolitical landscape in the region.
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Frequently asked questions
The 100th Constitutional Amendment Act, also known as the Constitution (One Hundredth Amendment) Act, 2015, ratified the land boundary agreement between India and Bangladesh.
The Act amended the 1st schedule of the constitution to facilitate the exchange of disputed territories occupied by India and Bangladesh. India transferred 51 enclaves to Bangladesh, and Bangladesh transferred 111 enclaves to India.
The purpose of the Amendment was to resolve boundary disputes between India and Bangladesh, giving effect to the acquiring of territories by India and the transfer of certain territories to Bangladesh as per the bilateral agreement between the two nations.
