Berubari Union Case (1960) – UPSC mains

After India got independence in 1947, we divided Bengal between: India (West Bengal) Pakistan (East Pakistan, now Bangladesh).
🧠 Berubari Union Case (1960) 🇮🇳 1. What was the problem? After India got independence in 1947 , we divided Bengal between: India (West Bengal) Pakistan (East Pakistan, now Bangladesh) But there was confusion about a small area called Berubari Union , in West Bengal . Both India and Pakistan claimed it. 🤝 2. What did India do? In 1958 , Prime Minister Nehru and Pakistan PM Noon signed an agreement: Let's divide the Berubari Union and give half to Pakistan. But people asked: Can we just give Indian land to another country? Does Parliament have the power to do that? So, the President of India asked the Supreme Court for advice. ⚖️ 3. What did the Supreme Court say? The Court looked at the Constitution — especially: Article 3 – for changing states inside India Article 368 – for changing the Constitution Preamble – India is sovereign And said: ❌ "No, Parliament cannot give land to another country using Article 3." Because Article 3 is only for internal changes (like making new states, merging, e…