CONTROVERSIAL TIN BIGHA CORRIDOR AND BHARATIYA JANATA PARTY
The Tin [or Teen] Bigha Corridor (Bengali: ) is a strip of land
belonging to India on the West BengalBangladesh border, which in September, 2011, was leased to Bangladesh so that it can access its DahagramAngarpota enclaves According to the Indira Gandhi-Sheikh Mujibur Rahman treaty of 1974, India and Bangladesh were to hand over the sovereignty of the Tin Bigha Corridor (178 x 85 sq m) and South Berubari (7.39 km 2 ) to each other, thereby allowing access to the DahagramAngarpota enclaves and the Indian enclaves adjacent to South Berubari. The total area of South Berubari Union No. 12 is 22.58 km 2 . of which 11.29 km. was to go to Bangladesh. The area of the four Cooch Behar enclaves which would also have to go to Bangladesh was 6.84 km 2 . making the total area to be transferred 18.13 km 2 . The population of the area including the four enclaves to be transferred, as per 1967 data, was 90% Hindu. The Bangladesh enclaves, Dahagram and Angorpota, were to be transferred to India. Their total area was 18.68 km 2 . and as per 1967 data more than 80% of their population was Muslim. If this exchange had gone through, it would have meant a change of nationality for the population or migration of the population from Dahagram and Angorpota and South Berubari Union No. 12 and consequent serious rehabilitation problems. There were in any case major agitations by the people of Berubari protesting against the transfer. After 1971, India proposed to Bangladesh that India may continue to retain the southern half of South Berubari Union No. 12 and the adjacent enclaves and, in exchange, Dahagram and Angorpota may be retained by Bangladesh. As part of the package a strip of land would be leased in perpetuity by India to Bangladesh, giving her access to Dahagram & Angorpota in order to enable her to exercise sovereignty on these two enclaves. This was accepted by Bangladesh as part of a carefully constructed Land Boundary Agreement signed by Prime Minister Indira Gandhi and Prime Minister Sheikh Mujibur Rahman in May 1974. The Berubari dispute was thus finally resolved by Article 1.14 of the Agreement which stated: "India will retain the southern half of South Berubari Union No. 12 and the adjacent enclaves, measuring an area of 2.64 square miles approximately, and in exchange Bangladesh will retain th Dahagram and Angorpota enclaves. India will lease in perpetuity to Bangladesh an area of 178 metres x 85 metres near 'Tin Bigha' to connect Dahagram with Panbari Mouza (P.S. Patgram) of Bangladesh. The team found widespread confusion and anxiety prevailing among the people because they had not been taken into confidence in this matter. The people are agitated because they rightly feel that the government of India has legitimised encroachment of Indian territories by Bangladesh, which amounts to formally transferring land illegally occupied by erstwhile East Pakistan and later Bangladesh over the years. Apart from Assam and West Bengal, there are anxieties in Tripura and Mizoram. The BJP demands the government place the complete details of the land transfer protocols with all relevant survey maps before parliament. The party wants a comprehensive discussion in the winter session of parliament before the government takes any steps to part with Indian territories. As per BJP an improved relationship with Bangladesh is much needed but it cannot be at the cost of the livelihood and properties of Indian citizens living in the affected border regions. Against the agreement between Ind-Ban regarding Teen Bigha , on 27 th April ,12 West Bengal BJP Legal and Legislative Cell under the Leadership of The State President Mr. Samir Paul, Vice-President Mr. Gopen Sinha, General Secretary Mr. Debjit Sarkar and Executive Member Mr. Subhasish Sen, filed a deputation before the District Magistrate, Cooch Behar Stating inter alia : whether the Union Govt. can sign any international treaty or renew the treaty by giving right to the Bangladeshi Nationals to make ingress and egress their enclave through the Indian own Land for 24 hours which on the other hand override the constitutional right of free movement of the citizen of India or not?
Every politicians who have no constitutional responsibility are asking and repeating about Indira-Mujib treaty of 1974 but not recollecting the landmark judgment of Supreme Court in a constitutional bench comprising eight judges arising out of the move of the then President of India Rajendra Prasad seeking the opinion of the supreme court after the Nehru-Noon agreement of 1958 in exercise of the powers conferred upon him by clause (1) of Art.143 of the Constitution referring three questions to the Supreme Court for consideration and report thereon which were as follows;- 1. Is any Legislative action necessary for the implementation of the Agreement relating to Berubari Union? 2. If so, is a law of Parliament relatable to Article 3 of the constitution sufficient for the purpose or is an amendment of the constitution in accordance with article 368 of the constitution necessary, in addition or in the alternative? 3. Is a law of Parliament relatable to article 3 of the constitution sufficient for implementation of the Agreement relating to Exchange of Enclaves or is an amendment of the constitution in accordance with article 368 of the constitution necessary for the purpose, in addition or in the alternative?
wherein Supreme Court barred the Government from handing over any territory like berubari just after making law relatable to Art.3 of the constitution for the purpose of implementing the Agreement and law necessary to implement the Agreement has to be passed under Art.368.views of the Supreme Court was that acting under Article 368 Parliament may make a Law to give effect to, and implement, the Agreement in question covering the cession of a part of Berubari Union no.12 as well as some of the cooch behar enclaves which by exchange are given to Pakistan. Parliament may, however, if it so chooses, passes a law amending Art.3 of the constitution so as to cover cases of cession of the territory of India in favor of a foreign state. If such a law passed then Parliament may be competent to make law under the amended Art.3 to implement the Agreement in question. On the other hand, if the necessary law is passed under Art.368 itself that alone would be sufficient to implement the Agreement and if the law in regard to the implementation of the Agreement is to be passed under Art.368 it has to satisfy the requirements prescribed by the said Article. The bill has to be passed in each House by a majority of the total membership of the House and by a majority of not less than two- thirds of the House present and voting; that is to say, it should obtain the concurrence of a substantial section of the House Which may normally mean the consent of the major parties of the House, and that is a safeguard provided by the Article in matters of this kind. Legal and Legislative cell, BJP, West Bengal think that politicians should not deal with the motherland as the subject matter of their political manifesto exercising the right to assure the foreign country for handover specially considering the fact that limitation thereto has already been framed by the Apex Court in terms of the treaty entered into by both the parties for handing over the own land of our country. There is no value of the treaty entered into by both the parties on 24 th September 2011 until and unless the same is passed before each House by majority of the total membership of the House and by a majority of not less than two-thirds of the House present and voting it should obtain the concurrence of a substantial section of the House.
Legal and Legislative cell, B.J.P, West Bengal reminded the administration many times to consider the point of constitutional unfettered right of a citizen of India which he/she belong may be infringed if Government of India signs or enters into treaty or agreement giving the right of ingress and egress by the Bangladeshi Nationals through Indian territory for their enclave at Dahagram and Angarpota whenever the said agreement has not been placed before the parliament in the light of Article of 368 of the Constitution of India in view of the landmark judgment of Honble Supreme Court of India passed in 1960.