SC to hear plea on border pact between Meghalaya and Assam in July
The Supreme Court on Monday said it will hear in July the Meghalaya government’s plea challenging the high court order staying the memorandum of understanding (MoU) signed by the chief ministers of Assam and Meghalaya to resolve their escalating border dispute. given. A bench of Chief Justice DY Chandrachud and Justices PS Narsiha and JB Pardiwala noted that the petition, which should have been listed on a non-diversity day, has been wrongly listed on Monday by the registry of the apex court. “We will put it up in July,” the bench said.
Himanta There is a purely political question within the “sole scope” of the Meghalaya Government’s Arguments In its petition before the apex court, the Meghalaya government said that the High Court failed to appreciate that when the matter pertains to the exercise of sovereign functions such as demarcation of the boundary between states, only the petitioner’s But interim order cannot be passed.
“It is submitted that any issue relating to change of boundaries between two states or exchange of territories between two states is a matter of political administration of the country and its is a purely political question relating to the federal constituent units.” It is submitted that the said exercise bears no shadow of judicial adjudication, and falls within the sole domain of the executive. It is submitted that any interference or stay in such MOU is in complete violation of the separation of powers contained under it. Constitution of India,” the petition submitted.
The petition said the MoU signed by the two states was a sovereign agreement between the states to demarcate the boundaries in a fair and transparent manner. Act which cannot be interfered with by way of a writ petition and much less can be circumvented by passing interim orders. Further, the scope of judicial review in respect of such matters is extremely narrow.” The Bench in passing the impugned judgment failed to appreciate that the Memorandum of Understanding between the State of Assam and the State of Meghalaya on March 29, 2022 in the presence of the Union Home Minister had settled the outstanding boundary disputes with respect to six areas.
“Clause 19 of the MoU signed with the Survey of India to demarcate the boundary of the State of Assam and the State of Meghalaya in respect of six areas in the presence of representatives of both the States is required. The interim order passed by the Single Judge has come into effect. In order to stall the said process of demarcation of boundary between the two States and to derail the resolution of the long pending boundary dispute between the State of Assam and the State of Meghalaya,” the petition Presented. The State Government submitted that the High Court should have interfered with the interim order passed by the Single Judge as it was passed in a mechanical manner without following judicially laid down principles for granting interim relief. A single judge bench of the Meghalaya High Court had on December 8 ordered an interim stay on physical demarcation or construction of border posts on the land following the Inter-State Boundary Agreement. Later, a division bench of the high court refused to interfere with the order of the single judge bench, which led the petitioners to file an appeal in the apex court. Assam-Meghalaya MoU Meghalaya Chief Minister Konrad K Sangma and his Assam counterpart Himanta Biswa Sarma signed a memorandum of understanding in March last year to demarcate the border in at least six of the 12 disputed locations, which are often shared by both. Used to increase tension between states. The agreement was signed by the Chief Ministers of Assam and Meghalaya on March 29 last year in the presence of Union Home Minister Amit Shah. The accord sought to resolve the long-standing dispute over six out of 12 points along the 884.9 km border between the two states. The border dispute between Assam and Meghalaya is pending for 50 years. However, efforts to solve it have gained momentum in recent times. Meghalaya was carved out of Assam in 1972 as a separate state, but the new state challenged the Assam Reorganization Act, 1971, leading to a dispute over 12 border locations.
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