India-China Border Dispute: Constitutional Powers of the Union
The India-China border dispute, particularly along the Line of Actual Control (LAC) in regions like Ladakh, Arunachal Pradesh, and Himachal Pradesh, has significant implications for national security, foreign policy, and constitutional governance. Resolving such disputes involves a combination of executive authority, legislative competence, and judicial oversight, highlighting the constitutional powers of the Union Government in matters of territorial integrity, defense, and international relations.
Under the Constitution of India, the Union enjoys exclusive powers in subjects related to defense, foreign affairs, and national security, as provided in Article 246 and the Seventh Schedule. The Union List vests Parliament with authority to legislate on defense of India, naval, military, and air force matters, war, and peace, giving the central government primary responsibility in managing external threats and border disputes. This empowers the Union to deploy armed forces, negotiate treaties, and maintain border infrastructure, essential tools in addressing the India-China standoff.
The executive powers of the Union, under Article 73, allow the central government to exercise control over all matters where Parliament has legislative competence, including conducting foreign policy, signing bilateral agreements, and engaging in diplomatic negotiations. In the context of the India-China dispute, this means the Union can enter into border agreements, engage in joint mechanisms like the Working Mechanism for Consultation and Coordination (WMCC), and implement confidence-building measures. State governments, while responsible for local administration, cannot unilaterally engage in foreign negotiations or military arrangements, as foreign relations are the exclusive domain of the Union.
The Parliamentary role complements executive powers. Parliament can enact laws to strengthen border security, regulate land use in frontier areas, or establish special administrative provisions. For example, the creation of the Union Territory of Ladakh in 2019 through the reorganization of Jammu and Kashmir reflects legislative action by the Union to assert administrative control over strategically sensitive regions. Such measures are constitutionally valid under the Union’s power to reorganize states (Article 3) and legislate on Union Territories (Article 240).
From a security perspective, the Union exercises powers to deploy the Army, Indian Air Force, and paramilitary forces to safeguard the territorial integrity and sovereignty of India, as per the Army Act, 1950, and other defense statutes. The Union also negotiates border agreements, disengagement protocols, and peace mechanisms with China, demonstrating its exclusive authority in both defense and diplomacy. The judiciary has repeatedly affirmed that foreign affairs and defense are non-justiciable areas, meaning that decisions in these domains primarily rest with the Union Government, though constitutional principles, human rights, and statutory compliance remain enforceable.
The Union’s powers are not absolute, however. Actions must adhere to constitutional principles such as fundamental rights, federal balance, and rule of law. For instance, measures like land acquisition, construction of border infrastructure, or deployment of forces in sensitive areas must comply with statutes, environmental norms, and rights of local populations, balancing national security with constitutional safeguards. Courts have occasionally intervened to ensure transparency, environmental compliance, and protection of civilian rights while respecting the Union’s primacy in defense and foreign affairs.
Additionally, the Union can utilize international mechanisms, including bilateral talks, treaties, UN forums, and global arbitration to manage disputes. However, under Article 253, Parliament may enact laws to implement international treaties, ensuring that global agreements are domestically enforceable, reinforcing the Union’s constitutional role in integrating international law with national governance.
In conclusion, the India-China border dispute underscores the comprehensive constitutional powers of the Union Government in matters of defense, foreign policy, and territorial integrity. The Union has exclusive authority to deploy forces, negotiate agreements, legislate on strategic matters, and manage frontier territories, while remaining bound by constitutional safeguards, human rights, and statutory compliance. Effective resolution of border disputes requires a combination of diplomatic negotiations, legal frameworks, administrative coordination, and defense preparedness, demonstrating the Union’s critical role in protecting India’s sovereignty and maintaining national security under the Constitution.