New Delhi, Aug. 22: The Supreme Court will on Monday hear a public interest petition that has challenged the central government’s decision to carve out a Telangana state from Andhra Pradesh.
The PIL filed by P.V. Krishnaiah, a Hyderabad-based advocate, said the move went against constitutional provisions and also smacked of politics.
Krishnaiah, who mentioned the matter before a bench headed by Chief Justice P. Sathasivam, said an exception had been made for Telangana whereas no such decision was taken on similar demands for “Gorkhaland”, “Bodoland” and “Vidarbha”.
After hearing the counsel’s brief submission, Justice Sathasivam listed the matter for hearing on Monday.
Krishnaiah said the Centre has no authority to invoke Article 3 of the Constitution (creation of new states) as long as Article 371-D and the consequential presidential order is in force. According to the petition, Article 371-D was inserted after the state of Andhra Pradesh was formed on November 1, 1956, providing for reservations in government jobs and education for local candidates in the Telangana region.
Krishnaiah’s argument is since the article has already taken care of the interests of the people of Telangana, there is no need for bifurcation on the ground of alleged discrimination.
The PIL said there was “no justification” in exercising powers under Article 3 without a law prescribing enforceable guidelines.
Article 3 grants Parliament power to carve out new states but does not specify fixed guidelines or criteria.