THE ECONOMIC WEEKLY December 10, 1960

Calcutta Letter

Storm over Berubari

AS the date f i x e d f o r the transfer half given to Pakistan. Another claves and that i n a s m u c h as the
of B e r u b a r i d r a w s near, the t e r m of the. agreement related to transfer is illegal w i t h o u t a con-
clouds on the p o l i t i c a l h o r i z o n of exchange of the old Cooch-Behar stitutional amendment, the B i l l f o r
Bengal grow d a r k e r and darker. enclaves. the exchange of enclaves is also u n -
For some time past occasional r u m - The decision to transfer a por- constitutional and f i n a l l y that an
bles were h e a r d ; o m i n o u s preludes. t i o n of B e r u b a r i was soon challeng- attempt to solve issues by piece-
Now the s t o r m has b r o k e n . Last ed. In December 1958 the West meal legislation deprives the State
week as the Assembly was consider- Bengal Assembly declared f i r m l y Legislature of its r i g h t to express
ing the Acquired Territories that B e r u b a r i was and should re- its o p i n i o n in respect of the cession
( M e r g e r ) B i l l r e f e r r e d to it by the m a i n part of India. A Berubari of a p a r t of its t e r r i t o r y , p a r t i c u l a r -
President, an I n d e p e n d e n t member Defence Committee came i n t o ex- ly w h e n such cession is the consi-
intervened dramatically and chal- istence. Mass meetings were held deration f o r the t e r r i t o r y proposed
lenged its c o n s t i t u t i o n a l i t y . T h e As- to protest against the proposed to be acquired under the present
sembly took up the issue and by an transfer. Legal difficulties in imple- Bill. The House could not a p p r o -
unanimous resolution rejected the m e n t i n g the N e h r u - N o o n agreement bate and reprobate simultaneously.
B i l l as unconstitutional on no less also became apparent. On an ap- It is difficult to disentangle facts
than seven counts and r e f e r r e d it p l i c a t i o n made under A r t 22b of from the p l e t h o r a of statements
back to the Centre. the C o n s t i t u t i o n , M r Justice S i n h a and counter-statements. It is t r u e
T h e storm over B e r u b a r i is the issued an i n j u n c t i o n on the State, of that, at the time of the N e h r u - N o o n
c u l m i n a t i o n of events going as far West Bengal and the U n i o n of a g r e e m e n t the Chief Secretary of
back as 1947 when the Radcliffe I n d i a r e s t r a i n i n g them f r o m g i v i n g West Bengal as well as some State
a w a r d was made, demarcating the effect to the proposed transfer. revenue officers were present and
b o u n d a r y between the two newly It was in these circumstances that that they were asked how d i v i s i o n
created provinces of West and East the President referred to the Supre- of the B e r u b a r i Union could best be
Bengals. A c c o r d i n g to the a w a r d , me Court the question of what l e g i - effected, whether vertically or h o r i -
B e r u b a r i U n i o n No. 12, c o m p r i s i n g slative action was necessary Jo i m - zontally. But the view of the State
an area of 8.75 sq miles situated plement the agreement. By unani- Government is that such officers
in J a l p a i g u r i district and f o r m i n g mous o p i n i o n the Supreme C o u r t were obviously not empowered to
a p a r t of the then Rajshahi d i v i - field that the agreement amounted concur in decisions as to p o l i c y .
sion, was described as p a r t of West to cession or alienation of a part They assumed that they were me-
Bengal and allotted to I n d i a on the of I n d i a n t e r r i t o r y in favour of rely to suggest how a p o l i c y deci-
advent of independence. But the Pakistan and that it was not a sion, if made, could best be imple-
map annexed to the a w a r d , how- mere ascertainment or d e t e r m i n a t i o n mented. On the other h a n d the
ever, showed this area as part of of the b o u n a r y in the l i g h t of. and P r i m e M i n i s t e r thinks that a l t h o u g h
Mast Bengal though the a w a r d had by reference to. the Bagge a w a r d . B e r u b a r i d i d not stand out in the
specifically provided that in the U n d e r the Constitution, as it stood. talks relating to the general agree-
event of any discrepancy between the Executive had no power to cede ment, the impression given by the
its descriptive part and the m a p . the any portion of Indian territory- West Bengal officials was one of
description was to p r e v a i l . its power to acquire new territories. tacit a p p r o v a l .
Nehru-Noon Accord There was however no restriction In this context, it might be
Berubari was treated as a part of on its power to acquire new t e r r i - observed that f o r the smooth func-
West Bengal and of I n d i a . In- tories. t i o n i n g of a federal system it is
deed the Bagge T r i b u n a l , which In the light, of this o p i n i o n , the essential to develop certain healthy
was set up in 1948 to consider Central Government has decided to conventions. T h e power to enter i n -
certain categories of disputes re- tackle the two aspects of the N e h r u - to treaties is undoubtedly w i t h the
l a t i n g to the boundaries between Noon agreement by two separate O u t r e ; as a matter of law. the con-
I n d i a and Pakistan, d i d not even measures w i t h regard to B e r u b a r i . sent of the State affected by action
refer to the question of B e r u b a r i . An amendment of the Constitution on the part of the Central Govern-
It was only in 1952 that Pakistan is proposed w i t h a view to m a k i n g ment, is not necessary. Neverthe-
for the first t i m e alleged that un- it possible for the Executive to i m - less, it is in the u l t i m a t e interest
der the Radcliffe a w a r d the Beru- plement the agreement. T h e pre- of the country that power should be
bari Union should have f o r m e d sent A c q u i r e d T e r r i t o r i e s ( M e r g e r ) exercised as f a r as possible in a
part of East Bengal and that it had B i l l has been introduced to deal democratic manner. It can, of
been wrongly treated as p a r t of w i t h the question of a c q u i s i t i o n or course, be said that the State Gov-
West Bengal. A f t e r this, some cor- exchange of enclaves. ernment, h a v i n g been a p p r i s e d of
respondence took place between State Assembly's Views what was h a p p e n i n g , should have
the P r i m e M i n i s t e r s of I n d i a and T h e State Assembly has raised taken steps at the earliest possible
Pakistan, and f i n a l l y on September serious objections to this B i l l . In stage. On the other h a n d , as the
10, 1058 came the Nehru-Noon its view, the N e h r u - N o o n agree- responsibility for the exercise of
Agreement on the issue. One of ment is one and i n d i v i s i b l e , that paramount power is w i t h the
the terms of the agreement was the transfer of a p o r t i o n of Beru- Centre, it is f o r the Centre to take
that the B e r u b a r i U n i o n should be b a r i is part of the consideration f o r f o r m a l steps to ascertain the wishes
d i v i d e d h o r i z o n t a l l y and the lower the exchange of Cooch-Behar en- of the State Government in a mat-

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December 10, 1960 THE ECONOMIC WEEKLY

ter w h i c h affects that State v i t a l l y . State. M o r e o v e r , over the last 13 tled w i l l have significant effect on
It m i g h t seem at first sight that years. G o v e r n m e n t has spent large the fortunes o f the p a r t y i n power
the proposed transfer of only 4.37 sums of money, i n c l u d i n g over a in the State at the next election. If
square m i l e s to Pakistan is not a l a k h of rupees in the f o r m of loans, the a g i t a t i o n does not s i m m e r d o w n
matter of great i m p o r t a n c e . It w i l l on the area to develop its resources (as it may d o ) , it m a y prove to be
however mean the u p r o o t i n g of a n d i m p r o v e the c o n d i t i o n of l i f e of another nail d r i v e n i n t o the coffin of
some 6000 persons in the area, of its people. the Congress p a r t y . T h e p u b l i c of
w h o m again a l a r g e p r o p o r t i o n are The Berubari question has not Bengal is still sore on the question
refugees f r o m East Bengal. The merely affected relations between of Assam. T h e lack of tart in the
transfer woud thus add to, or ag- the U n i o n Government and the Gov- h a n d l i n g of the Berubari issue is
gravate, the already very serious ernment of West Bengal. T h e man- certainly not going to act as an
p r o b l e m of refugees assailing the ner in w h i c h it is likely to be set- emollient.

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