Abstract

The Petitioner Mukhlesur Rahman challenged the provisions of Mujib-Indira Treaty / Delhi Treaty on the ground that without the Constitutional amendment such Treaty relating to handing over enclaves cannot be concluded. The Petitioner filed the writ petition in representative capacity. The issues arose (i) whether the petitioner has locus standi, (ii) whether Delhi Treaty is amendable to judicial review, (iii) whether the Prime Minister can unilaterally determine the boundaries of the country. The Court answered that the Petitioner has locus standi and the jurisdiction of the Court cannot be ousted by merely raising plea of act of state and the Prime Minister cannot unilaterally determine the territory of the Republic bypassing the Parliament. The Court opined that the Delhi Treaty involving cessation of territory clearly requires amendment of Article 2(a) of the Constitution before ratification and implementation. This case extended scope of lucas standi and held that the writ petition is maintainable because the petitioner ventilated the constitutional issue of public importance.