Right of Passage over Indian Territory (Portugal v. India)
OVERVIEW OF THE CASE
The Portuguese possessions in India included the two enclaves of Dadra and Nagar-Aveli which, in mid-1954, had passed under an autonomous local administration. Portugal claimed that it had a right of passage to those enclaves and between one enclave and the other to the extent necessary for the exercise of its sovereignty and subject to the regulation and control of India ; it also claimed that, in July 1954, contrary to the practice previously followed, India had prevented it from exercising that right and that that situation should be redressed. A first Judgment, delivered on 26 November 1957, related to the jurisdiction of the Court, which had been challenged by India. The Court rejected four of the preliminary objections raised by India and joined the other two to the merits. In a second Judgment, delivered on 12 April 1960, after rejecting the two remaining preliminary objections, the Court gave its decision on the claims of Portugal, which India maintained were unfounded. The Court found that Portugal had in 1954 the right of passage claimed by it but that such right did not extend to armed forces, armed police, arms and ammunition, and that India had not acted contrary to the obligations imposed on it by the existence of that right.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
Observations and Submissions of the Government of the Portuguese Republic on the Preliminary Objections of the Government of India
(French version only)
Procedure(s):Preliminary objections
Available in:
Memorial of the Government of the Portuguese Republic
(French version only)
15 June 1956
Procedure(s):Preliminary objections
Available in:
24 February 2017
Procedure(s):Preliminary objections
Available in:
27 February 2017
Procedure(s):Preliminary objections
Available in:
Reply of the Governement of the Portuguese Republic
(French version only)
27 February 2017
Procedure(s):Preliminary objections
Available in:
Oral proceedings
Verbatim record 1957
(bilingual version)
Minutes of the Public Hearings held at the Peace Palace, The Hague, from 23 September to 2 October and on 26 November 1957, the President, Mr. Hackworth, presiding
Procedure(s):Preliminary objections
Available in:
Verbatim record 1959
(bilingual version)