One Hundredth Amendment of the Constitution of India explained

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]

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:

• Exchange of enclaves: Enclaves are territories of one country entirely surrounded by the territory of another. This agreement facilitated the transfer of 111 Indian enclaves to Bangladesh and the acquisition of 51 Bangladeshi enclaves by India. This exchange aimed to simplify the border and eliminate these intricate land ownership situations.
• Demarcation of the international boundary: The LBA and its protocol also established a clear and demarcated international boundary between India and Bangladesh. This demarcation process aimed to address historical ambiguities and create a definitive border line, potentially reducing future disputes.

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:

• Assam: India transferred 69 enclaves to Bangladesh and acquired 1 enclave.
• Meghalaya: India transferred 11 enclaves to Bangladesh.
• Tripura: India transferred 31 enclaves to Bangladesh and acquired 2 enclaves.
• West Bengal: India transferred 1 enclave to Bangladesh and acquired 48 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:

• Resolving a historical dispute: The amendment played a crucial role in addressing a long-standing and complex border dispute between India and Bangladesh. Enclaves and unclear boundary demarcation had historically been sources of tension and potential conflict between the two nations. The amendment, by operationalizing the LBA, helped to officially settle this historical issue.
• Simplifying the border: The exchange of enclaves through the amendment simplified the India-Bangladesh border. Eliminating enclaves meant fewer intricate land ownership situations, potentially leading to reduced administrative complexities and easier border management.
• Providing clarity on territorial ownership: The amendment, reflecting the LBA and its protocol, provided clear and definitive demarcation of the international boundary. This clarity on territorial ownership could potentially minimize future disputes and misunderstandings related to border areas.
• Potential for improved regional stability: Resolving the border dispute and simplifying the border through the amendment could potentially contribute to improved regional stability. Clearer borders and reduced tensions might pave the way for enhanced cooperation and collaboration between India and Bangladesh in various areas, fostering a more stable regional environment.

External links

• Constitution (One Hundredth Amendment) Act, 2015
• Protocol to the agreement between India and Bangladesh concerning the demarcation of the land boundary between India and Bangladesh and related matters

Notes and References

1. Web site: Acts Parliament . 2024-03-04 . PRS Legislative Research . en-US.