New Delhi, Aug. 26: The Supreme Court today declined to entertain a PIL that sought a stay on moves to bifurcate Andhra and create Telangana, calling the plea “premature”.
As the issue has not come up for consideration before the Union cabinet or Parliament, it will not be proper to entertain the petition, the court said.
“Even after the executive takes a decision, still there are a number of steps to be gone through. The petition filed by you is premature,” Justices H.L. Dattu and S.J. Mukhopadhya observed while asking the petitioner to approach the high court if he stills feels he has issues to raise.
Hyderabad advocate P.V. Krishnaiah, who filed the petition, argued that the plan was malafide as an exception was being made for Telangana even as similar statehood demands such as those related to Gorkhaland, Bodoland, Vidarbha had not been addressed.
The PIL also contended that the Centre had no authority to exercise powers under Article 3 of the Constitution (on creation of new states) as long as another provision, Article 371-D, on Telangana and a related Presidential order issued under the particular section was in force.
According to the petition, Article 371-D was inserted into the Constitution after Andhra was formed on November 1, 1956 to provide reservations in employment and education for candidates from the backward Telangana with the aim of correcting the regional imbalance.
A new state’s formation may lead to the provision being dropped, taking away the right to such reservations and affecting the people in the region, the plea said.