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There is a border dispute between India and a neighbouring country 'X'. If that dispute has to be resolved without India having to cede any of its territories, it can be effected by:
- a)the passage of a law by the parliament with simple majority.
- b)an executive action without the need of any constitutional amendment.
- c)a constitutional amendment by a special majority and also the consent of half of the state legislatures.
- d)a constitutional amendment by a special majority.
Correct answer is option 'B'. Can you explain this answer?
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Most Upvoted Answer
There is a border dispute between India and a neighbouring country 'X...
- The Supreme Court in 1969 ruled that settlement of a boundary dispute between India and another country does not require a constitutional amendment. It can be done by executive action as it does not involve cession of Indian territory to a foreign country. Hence option (b) is the correct answer.
- While the decision of the Central Government to cede part of a territory known as Berubari Union (West Bengal) to Pakistan led to political agitation and controversy and thereby necessitated the Presidential reference.
- The Supreme Court held that the power of Parliament to diminish the area of a state (under Article 3) does not cover cession of Indian territory to a foreign country. Hence, Indian territory can be ceded to a foreign state only by amending the Constitution under Article 368. Consequently, the 9th Constitutional Amendment Act (1960 ) was enacted to transfer the said territory to Pakistan.
Community Answer
There is a border dispute between India and a neighbouring country 'X...
Resolution of the Border Dispute between India and Country X
To resolve the border dispute between India and the neighboring country 'X' without India having to cede any of its territories, the most appropriate option is (b) an executive action without the need for any constitutional amendment.
Explanation:
- Option (a): Passage of a law by the parliament with simple majority
This option suggests resolving the dispute through the passage of a law by the parliament with a simple majority. However, border disputes involve complex geopolitical and territorial issues, which cannot be resolved solely through a simple majority in parliament. Such disputes require careful consideration, expert analysis, and diplomatic negotiations, which cannot be adequately addressed through a simple majority in the legislative body.
- Option (b): An executive action without the need for any constitutional amendment
This option proposes resolving the dispute through executive action, without the need for any constitutional amendment. Executive actions refer to decisions made by the executive branch of the government, primarily the head of state or government. These actions can include diplomatic negotiations, signing agreements or treaties, and implementing policies without requiring legislative approval or constitutional changes. In the context of a border dispute, the executive branch can engage in negotiations, use diplomatic channels, and explore peaceful resolutions without altering the constitutional framework or requiring parliamentary consent.
- Option (c): Constitutional amendment by a special majority and consent of half of the state legislatures
This option suggests resolving the dispute through a constitutional amendment by a special majority and the consent of half of the state legislatures. Constitutional amendments are complex and time-consuming processes that require extensive deliberation, consensus-building, and legal procedures. Given the sensitive nature of border disputes, it may not be feasible or practical to involve such a lengthy and elaborate process, especially when the objective is to avoid ceding any territory.
- Option (d): Constitutional amendment by a special majority
This option proposes resolving the dispute through a constitutional amendment by a special majority. Similar to option (c), this approach requires extensive legal procedures, consensus-building, and time. As mentioned earlier, border disputes are complex issues that require swift and efficient resolution to maintain stability and peaceful relations between nations. Resorting to a constitutional amendment may not be the most viable option in such cases.
Therefore, the most suitable option for resolving the border dispute between India and Country X without ceding any of India's territories is option (b) – an executive action without the need for any constitutional amendment. This approach allows for flexibility, diplomatic negotiations, and the use of executive powers to seek a peaceful resolution to the dispute.
To resolve the border dispute between India and the neighboring country 'X' without India having to cede any of its territories, the most appropriate option is (b) an executive action without the need for any constitutional amendment.
Explanation:
- Option (a): Passage of a law by the parliament with simple majority
This option suggests resolving the dispute through the passage of a law by the parliament with a simple majority. However, border disputes involve complex geopolitical and territorial issues, which cannot be resolved solely through a simple majority in parliament. Such disputes require careful consideration, expert analysis, and diplomatic negotiations, which cannot be adequately addressed through a simple majority in the legislative body.
- Option (b): An executive action without the need for any constitutional amendment
This option proposes resolving the dispute through executive action, without the need for any constitutional amendment. Executive actions refer to decisions made by the executive branch of the government, primarily the head of state or government. These actions can include diplomatic negotiations, signing agreements or treaties, and implementing policies without requiring legislative approval or constitutional changes. In the context of a border dispute, the executive branch can engage in negotiations, use diplomatic channels, and explore peaceful resolutions without altering the constitutional framework or requiring parliamentary consent.
- Option (c): Constitutional amendment by a special majority and consent of half of the state legislatures
This option suggests resolving the dispute through a constitutional amendment by a special majority and the consent of half of the state legislatures. Constitutional amendments are complex and time-consuming processes that require extensive deliberation, consensus-building, and legal procedures. Given the sensitive nature of border disputes, it may not be feasible or practical to involve such a lengthy and elaborate process, especially when the objective is to avoid ceding any territory.
- Option (d): Constitutional amendment by a special majority
This option proposes resolving the dispute through a constitutional amendment by a special majority. Similar to option (c), this approach requires extensive legal procedures, consensus-building, and time. As mentioned earlier, border disputes are complex issues that require swift and efficient resolution to maintain stability and peaceful relations between nations. Resorting to a constitutional amendment may not be the most viable option in such cases.
Therefore, the most suitable option for resolving the border dispute between India and Country X without ceding any of India's territories is option (b) – an executive action without the need for any constitutional amendment. This approach allows for flexibility, diplomatic negotiations, and the use of executive powers to seek a peaceful resolution to the dispute.
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There is a border dispute between India and a neighbouring country 'X'. If that dispute has to be resolved without India having to cede any of its territories, it can be effected by:a)the passage of a law by the parliament with simple majority.b)an executive action without the need of any constitutional amendment.c)a constitutional amendment by a special majority and also the consent of half of the state legislatures.d)a constitutional amendment by a special majority.Correct answer is option 'B'. Can you explain this answer?
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There is a border dispute between India and a neighbouring country 'X'. If that dispute has to be resolved without India having to cede any of its territories, it can be effected by:a)the passage of a law by the parliament with simple majority.b)an executive action without the need of any constitutional amendment.c)a constitutional amendment by a special majority and also the consent of half of the state legislatures.d)a constitutional amendment by a special majority.Correct answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about There is a border dispute between India and a neighbouring country 'X'. If that dispute has to be resolved without India having to cede any of its territories, it can be effected by:a)the passage of a law by the parliament with simple majority.b)an executive action without the need of any constitutional amendment.c)a constitutional amendment by a special majority and also the consent of half of the state legislatures.d)a constitutional amendment by a special majority.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for There is a border dispute between India and a neighbouring country 'X'. If that dispute has to be resolved without India having to cede any of its territories, it can be effected by:a)the passage of a law by the parliament with simple majority.b)an executive action without the need of any constitutional amendment.c)a constitutional amendment by a special majority and also the consent of half of the state legislatures.d)a constitutional amendment by a special majority.Correct answer is option 'B'. Can you explain this answer?.
There is a border dispute between India and a neighbouring country 'X'. If that dispute has to be resolved without India having to cede any of its territories, it can be effected by:a)the passage of a law by the parliament with simple majority.b)an executive action without the need of any constitutional amendment.c)a constitutional amendment by a special majority and also the consent of half of the state legislatures.d)a constitutional amendment by a special majority.Correct answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about There is a border dispute between India and a neighbouring country 'X'. If that dispute has to be resolved without India having to cede any of its territories, it can be effected by:a)the passage of a law by the parliament with simple majority.b)an executive action without the need of any constitutional amendment.c)a constitutional amendment by a special majority and also the consent of half of the state legislatures.d)a constitutional amendment by a special majority.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for There is a border dispute between India and a neighbouring country 'X'. If that dispute has to be resolved without India having to cede any of its territories, it can be effected by:a)the passage of a law by the parliament with simple majority.b)an executive action without the need of any constitutional amendment.c)a constitutional amendment by a special majority and also the consent of half of the state legislatures.d)a constitutional amendment by a special majority.Correct answer is option 'B'. Can you explain this answer?.
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