Action subsequent to acquisition

Action subsequent to acquisition

Foreign territories which become part of India on acquisition may

(i) either be admitted into the Union, or

(ii) constituted into new States under Article 2, or

(iii) merged into an existing State under Article 3 (a) or 3 (b), or

(iv) formed into a Union territory.

Of course, a foreign territory would not come under Article 1 (3) (c) until there is legal transfer of territory to India, so as to constitute its "acquisition" in International law.See the undermentioned decisions.

See the undermentioned decisions:

(i) Harivansh v. State of Maharashtra, (1971) 2 SCC 54, 56.

(ii) Masthan Sahib v. Chief Commissioner, Pondicherry, AIR 1962 SC 797.

(iii) Amar Singh v. State of Rajasthan, AIR 1955 SC 504.

Acquisition of foreign territory:-

Acquisition of foreign territory does not fall within Article 1. It is governed by the International law;

Jose De Costa v. Bascora, AIR 1975 SC 1843, Paragraph 24.

Law applicable to acquired territory:-

On acquisition of territory, the pre-acquisition laws and the rights acquired therein may continue, only if the new Government chooses to recognise them unequivocally;

Vinod Kumar v. Gangadhar, AIR 1981 SC 1946, Paragraphs 29-30.