Which among the following need legislation or constitution amendment by Parliament of India?
1. Creation of new state
2. Creation of new union territory
3. Cessation of a territory
4. Acquire a new territory
Choose the correct option from the codes given below:
A sovereign country has “inherent” right to acquire a foreign territory, it does not need to be explicitly mentioned. That also means that there is no need to enact any parliamentary legislation to acquire a new territory. As far as cession of a territory is concerned, Parliament of India is not competent enough to cede a territory. If there is a need to cede a territory via some agreement, Parliament would need to enact an amendment of the Constitution. Furthermore, the power to acquire or cede territory is not expressly conferred by the Constitution. Articles 1 to 4 of the constitution don’t confer power on the Union to acquire or cede a territory. So, when India acquires a foreign territory, it automatically becomes Indian territory because of the implicit nature of sovereignty, yet to make it a legal entity, such as state or union or the part thereof, an act by parliament would be required. Also note that cession of a territory by India to another country in order to implement an award by international tribunal is considered as a ‘servitude suffered” by India to respect and follow the international law. So, in this case, an act by parliament would also suffice.
This question is a part of GKToday's Integrated IAS General Studies Module