Indo-Bangladesh – Exchange of Territories – UPSC Notes – Indian Polity

Indo-Bangladesh Land Boundary Agreement (LBA), 1974 Overview:

The Indo-Bangladesh Land Boundary Agreement (LBA), 1974 facilitates the exchange of enclaves between the two countries. This agreement mandates the development and integration of Bangladeshi enclaves in India, as well as addressing issues related to the rehabilitation of individuals returning from Indian enclaves in Bangladesh.

The process of implementing the LBA involved a constitutional amendment in India. The 100th Constitutional Amendment Act of 2015 brought about changes to Schedule 1 of the Indian Constitution. This amendment was a response to the signing of the Land Boundary Agreement in 1974, reflecting the commitment to adjusting the territorial boundaries and resolving issues stemming from the existence of enclaves.

The amendment reflects the diplomatic efforts to streamline and regularize the territorial configuration between India and Bangladesh, ensuring a more cohesive and practical border arrangement. The LBA and its constitutional amendment underscore the commitment to resolving historical boundary complexities and fostering cooperation between the two neighboring nations.

Historical Background – Exchange of Territories – Indo-Bangladesh

• The land border between India and Bangladesh spans approximately 4,096.7 kilometers.
• The Radcliffe Award of 1947 established the India-East Pakistan land border.
• The Land Boundary Agreement 1974 was a significant boundary delineation agreement signed on May 16, 1974, shortly after Bangladesh gained independence. This agreement aimed to address the complex nature of border demarcation.
• While Bangladesh ratified the agreement, India did not, as it involved the secession of territory and the precise marking of these areas on the ground.
• There are 71 Bangladeshi enclaves in India and 102 Indian enclaves in Bangladesh. Additionally, there are 28 counter-enclaves and one counter-counter-enclave named Dahala Khagrabari inside those enclaves.
• Residents of these enclaves face difficulties accessing fundamental government services due to the sliver of foreign land separating them from their own country. This issue has remained unresolved since Bangladesh’s founding.
• The 1972 Indira-Mujib pact first addressed this problem, outlining a vision to find a solution.
• Subsequently, in 1974, the signing of the India-Bangladesh Land Boundary Agreement took place between the two nations. However, parliamentary approval was required due to the agreement involving the exchange of territories.
• In September 2011, India and Bangladesh signed a pact specifically focusing on boundary delineation and the exchange of adversely held enclaves.

Land Boundary Agreement (LBA) Overview:

• A 4,096 km long land border between India and Bangladesh traverses through West Bengal, Assam, Tripura, Meghalaya, and Mizoram.
• This border is the longest among India’s international borders with its neighbors.
• The Radcliffe Award was initially used to establish the land border between East Pakistan and India, but disagreements emerged regarding its implementation.
• On May 16, 1974, an agreement was signed between India and Bangladesh to address the disputes arising from the Radcliffe Award.
• While Bangladesh approved the agreement, India withheld approval due to concerns related to the transfer of territory, requiring a constitutional amendment.
• The implementation of the Land Boundary Agreement has facilitated significant cross-border investment by Indian investors in Bangladesh, opening up more opportunities for foreign investment.
• The two nations have committed to establishing an annual India-Bangladesh Energy Dialogue between their energy ministers.
• This dialogue aims for comprehensive cooperation in the energy sector, covering areas such as coal, natural gas, LNG, petroleum product supply in the subregion, renewable energy, and oil and gas pipelines.

100th Amendment Act of 2015 Overview:

• The 119th constitutional amendment bill received approval from the Indian parliament on May 7, 2015, and upon obtaining the president’s approval, it transformed into the Constitution 100th Amendment Act of 2015.
• The amendment required a special majority in the legislature to pass.
• Aligned with the 1974 bilateral Land Boundary Agreement (LBA), the bill proposed amending the first schedule of the constitution to exchange disputed regions occupied by both India and Bangladesh.
• As per the LBA, the proposed exchange involved the transfer of 111 Indian enclaves to Bangladesh in exchange for 51 Indian enclaves. However, the land transferred to India was smaller in area compared to what Bangladesh received, resulting in a net loss for India in terms of area occupancy.
• This exchange sparked controversy in the afflicted states of the northeast and West Bengal, particularly due to concerns about tribal land rights being affected.

Amendment Significance:

1. Protecting the Border: The amendment aims to protect the long-stranded border, curbing illegal migration, smuggling, and criminal activities.
2. Addressing Stateless Individuals: It assists stateless individuals by granting them citizenship in their home nations.
3. Resolving Boundary Disputes: The amendment contributes to the resolution of boundary disputes in states such as Meghalaya, Tripura, Assam, and West Bengal.
4. Boosting Access and Development: It enhances access to the region’s economically challenged states, supporting further development efforts in the region.
5. North-Eastern Policy and Regional Connectivity: As part of India’s North-Eastern policy, the amendment fosters improved connectivity with Southeast Asia, aligning with broader regional development goals.

India-Bangladesh Relations:

• Recognition and Diplomatic Ties: India, as a friendly South Asian neighbor, was the first nation to recognize Bangladesh as a distinct and independent state. Immediate diplomatic ties were established following Bangladesh’s declaration of independence in December 1971.
• Teesta Water Agreement and Land Boundary Agreement (LBA):
  • Hindrances to Cooperation: The Teesta Water Agreement and the Land Boundary Agreement (LBA) are identified as major hindrances to further regional cooperation, development, and trade.
  • Impact on National and Security Interests: These issues are seen as potentially detrimental to India’s short- and long-term national and security interests.
• Shift in Focus Post-LBA:
  • The identity crisis experienced by former residents of enclaves before the LBA has lost importance in the post-LBA era.
  • Attention has shifted to problems related to poor governance and conflicts of interest between the Center and the state.

These dynamics underscore the complex and evolving nature of India-Bangladesh relations, where historical issues persist, but contemporary challenges and priorities also shape the trajectory of the bilateral relationship.

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