Question

In which case it was held that the "acquisition of a foreign territory does not fall within Article $1$. It is governed by International Law"?

• A. Masthan Sahib v. Chief Commissioner, Pondicherry, AIR $1962$ SC $797$
• B. Jose De Costa v. Bascora, AIR $1975$ SC $1843$
• C. Amar Singh v. State of Rajasthan, AIR $1955$ SC $504$
• D. None of the above

Answer 1

The correct option is B Jose De Costa v. Bascora, AIR $1975$ SC $1843$

Article 1 of the Constitution of India declares that India that is Bharat shall be the Union of States. Article 3 states that Parliament of India can form new states by separation of territory from any state. The Supreme court in the present case held that acquisition of foreign territory is not governed by Article 1 but is regulated bu the rules of International law.