An opposition to the Constitution (One Hundred and Nineteenth) Amendment Bill, 2013

Sub: An opposition to the Constitution (One Hundred and Nineteenth) Amendment Bill, 2013 regarding the land boundary agreement with Bangladesh

I had written to the Chairman of the Rajya Sabha that I wish to oppose the introduction of the above mentioned Constitution Amendment Bill regarding the land boundary agreement with Bangladesh. My objection is based on the fact that after 1973 when the concept of ‘basic structure of constitution’ was evolved in the Kesavanand Bharati Case, the Parliament has no jurisdiction to alter the territory of India. The territory represents the sovereignty and are both a part of the basic structure of Constitution and thus unamendable.

I was not allowed to orally raise the objection in the House on account of the environment that existed at that time and the Ruling of the Deputy Chairman. However, a written reply dated December 13, 2013 by Shri Salman Khurshid, Hon’ble Minister of External Affairs was given to me. My letter and the Minister’s reply are annexed here to this note.

The Minister’s reply relies on certain judgments of the Supreme Court. None of the judgments however deals with the issue that territory is a part of the basic structure of the Constitution and hence unalterable.