Telugu Desam Member of Parliament C.M. Ramesh has moved the Supreme Court challenging the Centre’s decision to create a new Telangana State bifurcating Andhra Pradesh.
A Bench of Justices H.L. Dattu and Madan B. Lokur had already listed for hearing on November 18 a batch of writ petitions filed by Payyavula Keshav and C. Sadasiva Reddy and others questioning the formation of Telangana.
In the fresh writ petition, settled by senior counsel Ashok Bhan, the Telugu Desam MP said the process of bifurcation of Andhra Pradesh was unconstitutional being violative of the principle of federalism, a basic feature of the Constitution. Further, the decision was violative of Article 3 of the Constitution as no resolution had been passed by the Andhra Pradesh Legislative Assembly.
He said the Union Cabinet, before arriving at the decision, had failed to ascertain the views of the Assembly as the Assembly was necessary for taking such a decision. This practice had been adopted by the Government of India in the past and specifically in respect of the last three States of Jharkhand, Chhattisgarh and Uttarakhand. He said no reasons had been given by the Centre for deviating from this stand.
He said the petition raised important constitutional issues, viz. whether without the consent of the Legislature of a State, the State of Andhra Pradesh could be bifurcated; when the Constitution does not provide guidelines for the formation of the States constituting the Union, whether the President, under Article 3 of the Constitution of India, could recommend introduction of a Bill in either House of Parliament for the purpose of bifurcating one of the existing States.
Mr. Ramesh said the constitutional protection enjoyed by the people under Article 371-D and 371-E (relating to Hyderabad) could not be taken away by executive decisions without effecting changes in the Articles themselves.