---
title: "In re Berubari Union (1960): Case Summary | Model Diplomat"
description: "In re Berubari Union (1960) ruled that ceding Indian territory needs a constitutional amendment under Article 368, not ordinary law—a core UPSC GS2 polity case."
url: "https://modeldiplomat.com/learn/glossary/berubari-union-case-1960"
---

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Model Diplomat Research Team · Last reviewed June 22, 2026

TL;DR

- In re Berubari Union was a 1960 advisory opinion of the Supreme Court of India holding that ceding Indian territory to another state requires a constitutional amendment under Article 368.
- Why did In re Berubari Union require a constitutional amendment rather than an ordinary law?
- How did Kesavananda Bharati (1973) change the Berubari position on the Preamble?
- What was the Nehru-Noon Agreement that triggered the reference?
- How was the territorial dispute finally resolved?

[Civil Service & Diplomatic Exams](https://modeldiplomat.com/learn/civil-services/glossary)Updated June 22, 2026

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In 2015, India enacted the Constitution (One Hundredth Amendment) Act to exchange enclaves with Bangladesh under the Land Boundary Agreement, applying the territorial-cession principle the Supreme Court first laid down in the 1960 Berubari opinion.

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