This article delves into the constitutional amendment that facilitated the signing of the India-Bangladesh Boundary Agreement analyzing its implications within the broader context of India's diplomatic strategies. Furthermore, the article will address the current turmoil in Bangladesh, characterized by widespread protests, political instability, and the recent resignation of Prime Minister Sheikh Hasina. The analysis underscores the importance of stable border relations amidst such regional instability, offering a legal perspective on the intersection of constitutional amendments and international diplomacy.

Introduction
The demarcation of international boundaries has always been a complex and sensitive issue, deeply intertwined with a nation's sovereignty and security. In 2015, India and Bangladesh reached a historic agreement to resolve long-standing border disputes through the Land Boundary Agreement (LBA). This pivotal agreement, rooted in the 100th Constitutional Amendment, marked a significant moment in the history of Indo-Bangladeshi relations, as it addressed and resolved issues that had persisted since the partition of British India in 1947.

However, while the legal and diplomatic aspects of the boundary agreement represent a triumph of peaceful negotiation, the recent political turmoil in Bangladesh, culminating in the resignation of Prime Minister Sheikh Hasina , casts a shadow over the region's stability. The current unrest, which has resulted in the deaths of approximately 300 people, raises critical questions about the impact of internal conflicts on international agreements and the future of Indo-Bangladeshi relations.

The 100th Constitutional Amendment: A Legal Framework for the India-Bangladesh Boundary Agreement

The India-Bangladesh Boundary Agreement, also known as the Land Boundary Agreement (LBA) , was formally executed through the 100th Constitutional Amendment Act, 2015. The amendment was crucial as it involved the exchange of territories between India and Bangladesh, thereby requiring a constitutional modification to Article 368, which governs the procedure for amending the Constitution.

Provisions of the 100th Constitutional Amendment Act, 2015

The 100th Amendment, officially titled "The Constitution (One Hundredth Amendment) Act, 2015 ," amended the First Schedule of the Indian Constitution. The First Schedule enumerates the states and union territories of India, along with their territorial boundaries. The amendment facilitated the transfer of 111 enclaves to Bangladesh and 51 enclaves to India, affecting approximately 50,000 people. It resolved a decades-long territorial ambiguity, wherein enclaves (or exclaves) existed as small pockets of land belonging to one country but surrounded by the other.

This constitutional amendment not only realigned the borders but also required significant legislative approval, given that it altered the territories of several Indian states, including West Bengal, Assam, Meghalaya, and Tripura. The amendment was passed with overwhelming support in both houses of Parliament, reflecting the political consensus on the importance of resolving this long-standing issue with Bangladesh.

Legal and Diplomatic Implications

From a legal standpoint, the amendment demonstrated India's commitment to international law and peaceful negotiation. It also underscored the significance of constitutional mechanisms in implementing international agreements, ensuring that such decisions are rooted in legality and democratic consensus.

Diplomatically, the agreement was hailed as a major achievement, strengthening the relationship between India and Bangladesh. It addressed historical grievances and paved the way for enhanced cooperation in areas such as trade, security, and counter-terrorism. The successful execution of the agreement through a constitutional amendment was a testament to the robust legal framework of India, capable of accommodating and legitimizing complex international agreements.

Current Turmoil in Bangladesh: A Crisis Unfolding

In stark contrast to the diplomatic success of the boundary agreement, the current situation in Bangladesh presents a scenario of severe political unrest and instability. The violence, rooted in protests against a controversial quota system for government jobs, has escalated into a full-blown crisis, claiming nearly 300 lives since July. The situation took a dramatic turn when student groups and anti-government protestors stormed the Prime Minister's palace, demanding the resignation of Sheikh Hasina and her Cabinet.

Roots of the Protests

The unrest in Bangladesh can be traced back to July 2024, when student groups began protesting against a quota system that they perceived as unjust and discriminatory. The system allocated a significant portion of government jobs to certain groups, which many students argued was detrimental to meritocracy. As the protests grew, they increasingly targeted the government itself, accusing it of corruption and authoritarianism.
The situation deteriorated further when violent clashes erupted between protestors, security forces, and pro-government activists.

The government's attempts to quell the unrest, including imposing curfews and cutting off internet access, only fueled the anger of the protestors. The violence reached its peak when the Supreme Court intervened, rolling back the quota system in a bid to restore order. However, the protests continued, now centered on the demand for Sheikh Hasina's resignation.

Sheikh Hasina's Resignation and Its Aftermath

The crisis reached a tipping point when, on a fateful Monday afternoon, Prime Minister Sheikh Hasina fled the country aboard an Air Force aircraft, following reports of a potential threat to her life. Her resignation was later confirmed by the Bangladeshi Army Chief, General Waker-Us-Zaman, who announced the formation of an interim government by the military.

The resignation of Sheikh Hasina, who had ruled Bangladesh for 15 years, marks a significant moment in the country's political history. It also raises serious concerns about the future of democracy in Bangladesh, as the military takes control amidst widespread violence and unrest. The implications of this power shift for Bangladesh's neighbors, particularly India, are profound, given the historical and geopolitical ties between the two nations.

Impact of Bangladesh's Instability on the India-Bangladesh Boundary Agreement

The ongoing unrest in Bangladesh and the subsequent resignation of Sheikh Hasina have far-reaching implications for the India-Bangladesh Boundary Agreement. Although the agreement is legally binding and was executed with due constitutional process, the current political instability in Bangladesh could affect its implementation and the overall security of the border regions.

Security Concerns and Border Management:

One of the immediate concerns for India is the potential for cross-border security issues arising from the unrest in Bangladesh. The border areas, which were once contentious but resolved through the LBA, may again become zones of tension if the political situation in Bangladesh continues to deteriorate. The presence of disenfranchised groups and the possibility of increased migration could strain the resources and security apparatus on both sides of the border.

Furthermore, the interim military government in Bangladesh, while focused on restoring order, may deprioritize the implementation of bilateral agreements such as the LBA, leading to delays and potential disputes. India must remain vigilant and engage diplomatically with the new regime to ensure that the border agreement remains intact and that the security of the region is maintained.

Diplomatic Challenges:

The resignation of Sheikh Hasina, a long-standing ally of India, introduces uncertainty into the diplomatic relationship between the two nations. The new military-led interim government may adopt a different approach to foreign policy, potentially affecting bilateral cooperation. India's response to the unfolding situation will be critical in maintaining the gains achieved through the LBA and in ensuring continued cooperation on issues such as trade, security, and regional stability.

India's diplomatic strategy must therefore be adaptive, taking into account the changing political landscape in Bangladesh while safeguarding its interests. Engaging with the new leadership, offering support for peaceful resolution, and emphasizing the importance of maintaining existing agreements will be key to navigating this challenging period.

Conclusion
The 100th Constitutional Amendment, which facilitated the signing of the India-Bangladesh Boundary Agreement, represents a landmark achievement in the history of Indo-Bangladeshi relations. It exemplifies the role of constitutional law in resolving complex international issues and highlights the importance of diplomatic negotiation in maintaining regional stability.

However, the recent political turmoil in Bangladesh, culminating in the resignation of Prime Minister Sheikh Hasina, poses significant challenges to the continued implementation of the boundary agreement. The unrest underscores the fragility of international agreements in the face of domestic instability and highlights the need for vigilant diplomacy and robust legal frameworks.

As Bangladesh navigates this period of uncertainty, India must remain committed to the principles of peaceful coexistence and mutual respect that underpinned the boundary agreement. By engaging constructively with Bangladesh's new leadership and reaffirming its commitment to bilateral cooperation, India can help ensure that the boundary agreement remains a testament to the power of diplomacy and constitutional law in achieving lasting peace and stability in the region.

Also Read:

• India-Bangladesh Land Boundary Agreement, Constitution 100th Amendment Bill, 2015