( 1 ) AS I said in my Order on the application for contempt arising out of the instant proceeding, earlier, the dispute to which the instant proceeding relates has behind it a history of constitutional importance, which must be recounted in order to appreciate the nature of the present proceeding.

( 2 ) IT is a dispute relating to the division between India and Pakistan of the Berubari Union No. 12, a group of villages lying within the territory of India, for the purpose of ceding half of it to Pakistan in pursuance of the Agreement, which was entered into between the two Governments on the 10th September, 1958. Some doubts having arisen as to whether this could be effected without a proper legislation, the President referred the question for the opinion of the Supreme Court, under Article 143 (1) of the Constitution, and the Supreme Court gave its opinion as. The Supreme Court opined that since the Agreement between the two Governments, referred to earlier, involved "a cession of a part of the territory of India in favour of Pakistan" (p. 861 ibid.), it could be done only by an amendment of the Constitution under Article 368. As a result of this decision, Parliament