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Permanent Court of International Justice

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Français

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

Preliminary Objection of the Government of India

alert
Procedure(s): Preliminary objections
Available in:
English

Memorial of the Government of the Portuguese Republic
(French version only)

15 June 1956
Procedure(s): Preliminary objections
Available in:
French

Rejoinder of the Government of India

24 February 2017
Procedure(s): Preliminary objections
Available in:
English

Counter-Memorial of the Government of India

27 February 2017
Procedure(s): Preliminary objections
Available in:
English

Reply of the Governement of the Portuguese Republic
(French version only)

27 February 2017
Procedure(s): Preliminary objections
Available in:
French

Oral proceedings

Verbatim record 1957

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:
Original Language

Verbatim record 1959

Minutes of the Public Hearings held at the Peace Palace, The Hague, from 21 September to 6 November 1959 and 12 April 1960, the President, Mr. Klaestad, presiding
Procedure(s): Preliminary objections
Available in:
Original Language

Orders

Order of 13 March 1956

Fixing of time-limits: Memorial and Counter-Memorial
Available in:
English French Bilingual

Order of 27 November 1956

Extension of time-limit: Counter-Memorial
Available in:
English French Bilingual

Order of 16 April 1957

Fixing of time-limit: Written Statement of observations and submissions on Preliminary Objections
Available in:
English French Bilingual

Order of 18 May 1957

Extension of time-limit: Written Statement of observations and submissions on Preliminary Objections
Available in:
English French Bilingual

Order of 10 February 1958

Extension of time-limits: Counter-Memorial, Reply and Rejoinder
Available in:
English French Bilingual

Order of 28 August 1958

Extension of time-limit: Rejoinder
Available in:
English French Bilingual

Order of 6 November 1958

Extension of time-limit: Rejoinder
Available in:
English French Bilingual

Order of 17 January 1959

Extension of time-limit: Rejoinder
Available in:
English French Bilingual

Judgments

Summaries of Judgments and Orders

Summary 1957/3

Summary of the Judgment of 26 November 1957
Available in:
English French

Summary 1960/1

Summary of the Judgment of 12 April 1960
Available in:
English French

Press releases

Press release 1955/38

23 December 1955
The Portuguese Republic files an Application instituting proceedings against the Republic of India
Available in:
English French

Press release 1956/4

15 March 1956
Right of Passage over Indian Territory (Portugal v. India) - The Court fixes the time-limits for the filing of the first two pleadings
Available in:
English French

Press release 1957/1

16 April 1957
Right of Passage over Indian Territory (Portugal v. India) - The Government of India files a Preliminary Objection to the Court's jurisdiction
Available in:
English French

Press release 1957/19

21 August 1957
Right of Passage over Indian Territory (Portugal v. India) - The oral proceedings will open on Monday, September 23rd, 1957
Available in:
English French

Press release 1957/20

20 September 1957
Right of Passage over Indian Territory (Portugal v. India) - Representatives of the Parties at the oral hearings
Available in:
English French

Press release 1957/21

23 September 1957
Right of Passage over Indian Territory (Portugal v. India) - Hearing of September 23rd, 1957
Available in:
English French

Press release 1957/22

24 September 1957
Right of Passage over Indian Territory (Portugal v. India) - Hearings of September 24th, 1957
Available in:
English French

Press release 1957/23

25 September 1957
Right of Passage over Indian Territory (Portugal v. India) - Sittings of September 25th, 1957
Available in:
English French

Press release 1957/24

26 September 1957
Right of Passage over Indian Territory (Portugal v. India) - Sittings of September 26th, 1957
Available in:
English French

Press release 1957/25

27 September 1957
Right of Passage over Indian Territory (Portugal v. India) - Sittings of September 27th, 1957
Available in:
English French

Press release 1957/26

30 September 1957
Right of Passage over Indian Territory (Portugal v. India) - Sittings of September 30th, 1957
Available in:
English French

Press release 1957/27

1 October 1957
Right of Passage over Indian Territory (Portugal v. India) - Sittings of October 1st, 1957
Available in:
English French

Press release 1957/28

2 October 1957
Right of Passage over Indian Territory (Portugal v. India) - Sittings of October 2nd, 1957
Available in:
English French

Press release 1957/30

3 October 1957
Right of Passage over Indian Territory (Portugal v. India) - Sittings of October 3rd, 1957
Available in:
English French

Press release 1957/32

5 October 1957
Right of Passage over Indian Territory (Portugal v. India) - Sitting of October 5th, 1957
Available in:
English French

Press release 1957/33

7 October 1957
Right of Passage over Indian Territory (Portugal v. India) - Sittings of October 7th, 1957
Available in:
English French

Press release 1957/34

8 October 1957
Right of Passage over Indian Territory (Portugal v. India) - Sitting of October 8th, 1957
Available in:
English French

Press release 1957/37

10 October 1957
Right of Passage over Indian Territory (Portugal v. India) - Hearing of October 10th, 1957
Available in:
English French

Press release 1957/38

11 October 1957
Right of Passage over Indian Territory (Portugal v. India) - Hearings of October 11th, 1957
Available in:
English French

Press release 1957/44

21 November 1957
Right of Passage over Indian Territory (Portugal v. India) - The Court will deliver its Judgment on November 26th, 1957
Available in:
English French

Press release 1957/46

26 November 1957
Right of Passage over Indian Territory (Portugal v. India) - Judgment
Available in:
English French

Press release 1958/2

20 February 1958
Right of Passage over Indian Territory (Portugal v. India) - Extension of the time-limits for the filing of the pleadings
Available in:
English French

Press release 1959/3

27 February 1959
Right of Passage over Indian Territory - The Court decides that the case will be heard after the judicial summer vacation
Available in:
English French

Press release 1959/30

28 May 1959
Right of Passage over Indian Territory - Beginning of the hearings on Monday, September 21st, 1959
Available in:
English French

Press release 1959/38

17 September 1959
Right of Passage over Indian Territory - Representatives of the Parties for the oral procedure in the second phase of the case, beginning on September 21st, 1959
Available in:
English French

Press release 1959/39

18 September 1959
Right of Passage over Indian Territory - Definite composition of the Parties' delegations
Available in:
English French

Press release 1959/40

21 September 1959
Right of Passage over Indian Territory - Hearing of September 21st 1959
Available in:
English French

Press release 1959/41

26 September 1959
Right of Passage over Indian Territory - Hearings of 21 to 26 September 1959
Available in:
English French

Press release 1959/42

3 October 1959
Right of Passage over Indian Territory - Hearings of 28 September to 3 October 1959
Available in:
English French

Press release 1959/43

7 October 1959
Right of Passage over Indian Territory - Hearings of 5 and 6 October 1959
Available in:
English French

Press release 1959/46

10 October 1959
Right of Passage over Indian Territory - Hearings of 9 and 10 October 1959
Available in:
English French

Press release 1959/48

17 October 1959
Right of Passage over Indian Territory - Hearings of 12 to 17 October 1959
Available in:
English French

Press release 1959/49

21 October 1959
Right of Passage over Indian Territory - Hearings of 19 to 21 October 1959
Available in:
English French

Press release 1959/50

24 October 1959
Right of Passage over Indian Territory - Hearing of 24 October 1959
Available in:
English French

Press release 1959/51

31 October 1959
Right of Passage over Indian Territory - Hearings of 26 to 31 October 1959
Available in:
English French

Press release 1959/52

7 November 1959
Right of Passage over Indian Territory - Hearings of 3 to 6 November 1959
Available in:
English French

Press release 1960/3

8 April 1960
Right of Passage over Indian Territory - The Court will read its Judgment on 12 April 1960
Available in:
English French

Press release 1960/4

12 April 1960
Right of Passage over Indian Territory - Judgment
Available in:
English French

Correspondence

Correspondence

22 December 1955
Correspondence
Available in:
English French