THE CONSTITUTION 119th BILL & India – Bangladesh Enclave problem

Aim :

 To amend the Constitution of India to give effect to the acquiring of territories by India and transfer of certain territories to Bangladesh in pursuance of the agreement and its protocol entered into between the Governments of India and Bangladesh.

To solve the problem of enclave between India – East Pakistan since independence.

What is mean by Enclave?

Enclave is the Area of the state Lie in the power of another state. A case of Bangadesh enclave is complex let’s understand through Dadra and nagar haveli example , D&N haveli was Enclave of Portugal up to 1954 . It is under the rule of Portuguese but surrounded by Indian territory from all the sides .

Types of enclave :-

There are mainly 3 types of enclave :-

Here in figure C is 1^st order , D is 2^nd order and E is third order enclave .

Dahala Khagrabari in District kooch bihar , West Bengal Is the only 3^rd order enclave in world

Hitoritical background about India – Bangladesh Land Agreements :

According to an unverified popular legend, the enclaves were used as stakes in card or chess games centuries ago between two regional kings, the Raja of Koch Bihar and the Maharaja of Rangpur.


As far as history records, the little territories were apparently the result of a confused outcome of a 1713 treaty between the Kingdom of Koch Bihar and the Mughal Empire. Possibly, the Kingdom and the Mughals ended a war without determining a single boundary for what territories had been gained or lost.

In 1947, Rangpur was joined to East Pakistan, and Koch Bihar was merged in 1949 with India.

1947 , Through redcliff award India –east Pakistan boundary was Determined.

1950 , Some Disputes due to redcliff were solved

1958 , Naheru – Noon agreement  , "Exchange of enclaves on the basis of enclaves for enclaves without any consideration of territorial loss or gain" (9th Amendment of Constitution act, 1960). As a result of this agreement Dahagram and Angorpota came to Indian territory. This agreement inter-alia provided for transfer of 11.29 sq. K.Ms of southern half of Berubari to Pakistan as per interpretation of Radcliffe award.

1974 , A Agreement signed by both country (Indira-Mujib) on the land boundary problems but it was not implemented cause it need Constitutional amendment.

2011, the governments of India and Bangladesh announced an intention to resolve the issue by means of swapping 162 enclaves, giving residents a choice of nationality.

Features of 119^th Amendment :-
Indian territory has 111 such enclaves 
while Bangladesh has 51 of them, all in Cooch Behar district.

The 111 Indian enclaves are spread over 17,158 acres and have a population of 37,369. The Bangladesh enclaves are spread over 7,110 acres and have 14,215 people.

West Bengal have to loose 10000 acres while Tripura , Aasam and megalay gain some land form agreement .

Political parties stand :-

Congres : Congress in favour of Amendment.

TMC (Mamta) : In oppose of Amendment cause WB have to loose 10000 acers of land and she said Congress doing this for favour of  Shekh hasina cause this land settlement is important point on Bangladesh politics and Sheikh hasina will gain from this .

AGP , BJP – In oppose 

CPM – In favour

Matter of Special majority :-

It’s a constitutional amendment and need 2/3 majority form both house . In case of Boundary settlement within the Indian territory than Need only Simple majority.