CONSTITUTIONAL VALIDITY OF TERRITORY RELATED TREATIES IN INDIA: A CASE STUDY OF KATCHATHEEVU
AUTHOR – KAVI MUKILAN S, STUDENT AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES
BEST CITATION – KAVI MUKILAN S, CONSTITUTIONAL VALIDITY OF TERRITORY RELATED TREATIES IN INDIA: A CASE STUDY OF KATCHATHEEVU, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 156-168, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I618
ABSTRACT
Territory is the fundamental element of the state, as it establishes the physical and legal boundaries within which state activities must follow. Article 1 of the Constitution of India defines the territory of India, which includes the states, union territories and any areas acquired by the government. The Power of Making International Treaties and Agreements is vested with the Executive of the State, but with the approval of the Cabinet, within the scope of the Indian Constitution, under Articles 73 & 246. Even though, Chapter 1 of the Indian Constitution speaks about the Territory of India, it doesn’t have legal provisions for ceding a territory of India to any other country. In the cases of Berubari union, Ram Kishore v. UOI and Maganbhai Ishwarbhai Patel v. UOI the hon’ble Supreme Court said that The Executive can implement International treaties, but the Treaties are agreements related to territorial matters need a Constitutional Amendment and cannot be done by the existing provisions in our Constitution and the Executive treaty making power is subjected to Parliamentary limitations and the Executive cannot alter the territory of India without Constitutional Procedure.
Coming to this current case study was Katchatheevu, the issue is emerged from the Indo-Sri Lankan Agreements of 1974 & 1976, signed by the Executive of India. These agreements placed the Island Katchatheevu, located in the Palk Strait, between India and Sri Lanka without the approval of the Parliament and without a Constitutional Amendment. The Island was historically used by the fishermen of both the countries for fishing activities. But because of this Agreement the historical fishing rights of the Indian Tamil Fishermen was had been taken away by the Sri Lankan Navy in the sea, which was guaranteed under the United Nations Convention on the Law of the Sea. Because of the armed actions of Sri Lankan Navy, the Right to life, Liberty, livelihood has been violated, because of the arrest, seizure of boats, and even shot dead by the navy.
By comparing the previous Judgements of the Indian Judiciary and the International Court of Justice and the International Instruments like UNCLOS and VCLT this dissertation tried to highlight that the Territory related treaties directly affect the sovereignty and federal structure of our country. Proved that the Katchatheevu agreement was constitutionally invalid and ended with the suggestions to solve the issue in legal manner.
Key Words: Territory, Katchatheevu, International Agreement, Constitutional Procedure, Power of the Executive.