In May 2015, the Indian Parliament passed a bill amending the Indian Constitution to implement a country-border agreement (the “LBA”) concluded more than forty years ago between India and Bangladesh. The amendment of the Indian Constitution that has just been adopted allows the LBA to be fully effective, notably through “the acquisition of territories by India and the transfer of territories to Bangladesh by maintaining the possession and exchange of enclaves. As a result, the amendment paved the way for India`s ratification of the LBA. Finally, on 6 June 2015, the Prime Ministers of both states signed the Protocol on the Exchange of Ratification Instruments on the 1974 India-Bangladesh Border Agreement and the 2011 Protocol on the Land Border Agreement. The LBA came into force and came into force on the same day.  Question 1748 Land border agreement with Bangladesh. Department of Public Diplomacy, Ministry of Foreign Affairs, Government of India, New Delhi, 4 May 2016. www.mea.gov.in/lok-sabha.htm?dtl/26749/QUESTION+NO1748+LAND+BOUNDARY+AGREEMENT+WITH+BANGLADESH. BJP and Trinamool had strongly opposed the agreement in previous cases. The state of Assam also strongly opposed the agreement until April 2015, but agreed to control illegal immigration. www.ndtv.com/assembly-west-bengal/16-000-new-citizens-from-bangladeshi-enclaves-will-vote-in-west-bengal-1283958.
In India, ratification of an agreement on territorial trade between India and Pakistan (later Bangladesh) requires a revision of the Constitution. Since the LBA looked at territorial transfer, it was considered intractable. The first attempt to transfer the enclaves was made in 1958, when India and Pakistan agreed to an exchange “without taking into account territorial losses or profits”. A second agreement between India and Bangladesh was signed in 1974, but it was broken due to rocky relations. According to a popular legend, the enclaves were used as stakes in card or chess games centuries ago between two regional kings, the Raja of Koch Bihar and the Maharadja of Rangpur.  As far as the historical archives are concerned, the small territories were apparently the result of a confused result of a contract between the kingdom of Koch Bihar and the Mughal Empire of 1713. Perhaps the kingdom and the moguls ended a war without setting a limit for the territories that had been won or lost.   “We are taking advantage of the Bangladeshi people.” BBC Bangla, Dhaka, 1 August 2016. www.bbc.com/bengali/news/2016/08/160801_bangladesh_enclave_dashiarchara_people_life_change  “West Bengal govt to subsidize rice and wheat for those in the enclaves of North Bengal.” The Economic Times, December 23, 2016. economictimes.indiatimes.com/news/politics-and-nation/west-bengal-govt-to-subsidize-rice-and-wheat-for-those-in-enclaves-in-north-bengal/articleshow/56138899.cms. Article 3 of the LBA provides that residents of these areas have the right, when transferring territories, to reside where they are, as nationals of the state in which the territories are transferred. Under the agreement, landlocked residents can therefore remain either in the territory of the enclave concerned (and be treated as nationals of the state in which they are located and are transferred to the other state).