NEW DELHI, Dec 20 � The signing of the land transfer deal with Bangladesh continues to haunt the Centre, with the Bharatiya Janata Party (BJP) today demanding an amendment of the Constitution to prevent handover of enclaves to the neighbouring country under the deal.
Moving a notice Under Rule 377 in the Lok Sabha, Ramen Deka referring to the recent agreement with Bangladesh said that it is clear in the Constitution of India that Central Government cannot hand over any territory to any foreign country without amending the Constitution. In the light of this, Government should bring amendment in Parliament according to Article 368 to legalise the agreement.
The Government of India has agreed to hand over 111 enclaves to Bangladesh in lieu of the 55 enclaves of the neighbouring country, as per Dhaka agreement. After the
agreement, the Government of India would hand over Boraibari, Pallatal-Lathitilla, Dumabari of Assam consisting of 357.6 acres of land to Bangladesh, he said.
Bangladesh has encroached on these lands illegally and after the September 6 agreement, the right of possession would be legalised, Deka noted.
After the Nehru-Noon Agreement of 1958, the Central Government agreed to hand over Berubari Union � 12 to Pakistan. The then President Rajendra Prasad, who disagreed, sough the opinion of the Supreme Court. A Constitutional bench comprising eight judges gave a landmark judgement barring the Government from handing over any territory by an amendment of the Constitution of India.