Bhanu Chander
Asked October 16, 2013

Legality of Formation of Telengana

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Whether Central Govt decision for the formation of Telangana is constitutionally valid? Do we need to amend the constitution for the same? what is view of Supreme Court in this regard?

Answer 1

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Saumya Kumar

As per Article 3 of the Constitution, the Parliament is vested with the power to form new States or alter the area of existing States. A law altering the State boundary is introduced on the recommendation of the President who acts on the advice of the Prime Minister. At the time of drafting the Constitution, the country was fragmented and therefore the Constituent Assembly wanted a simple process for national integration.  The provision does not provide for any criteria for the creation of States and therefore over a period of time Governments have relied on special commissions for the creation of States.  The proviso to the provision provides that where a bill alters the area, boundaries or names of any of the states; it must be referred by the President to the concerned State Legislature for expressing its views thereon within a specified period. It has been identified that the Parliament is not bound by the decision of the State Legislature. With respect to Telangana, the State of Andhra Pradesh was consulted and there was major disagreement on the creation of the State, between the State Government and the Union Government. This dispute prevented the State and the Union on arriving at a consensus. This prolonged the decision making process, although the Union Government could have implemented it the way they wanted it. In an attempt to tackle the problem the Union and the Central Government negotiated to arrive at an amicable solution. A petition was filed before the Supreme Court alleging that the Union Government act of carving out Telangan was arbitrary. The Supreme Court refused to look into the matter and identified that the issue of carving out a separate state of Telangana from Andhra Pradesh is a “political question" which cannot be answered by the Court and did not require a legal deliberation.

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