Wednesday, December 16, 2009

PIL filed on validity of Chidambaram's announcement on seperation of Telangana

By S A Ishaqui

Hyderabad, Dec 15 : A public interest litigation was filed in the Andhra Pradesh High Court on Tuesday contending that there was no Constitutional validity of a legal effect on the statement made by the Union home minister, Mr P. Chidambaram, to initiate the process of separation of Telangana.

Mr C. Narayana, a resident of Anantapur district, filed the petition contending that since the statement of Mr Chidambaram was based on a decision taken by the core committee of the Congress it would not become a decision of the Union government.

He said that the statement was made by Mr Chidambaram on behalf the Council of Ministers and not based on any resolution passed by the Union Cabinet. He argued that the core committee is not a Constitutional authority and added that the process of formation of a new state will not begin unless a decision of the political parties was conveyed by the Union Cabinet through a resolution and advise to the President of India.

The petitioner complained to the court that the statement has led to major unrest across the state.

He told the court that as long as Article 371-D of the Constitution is in force the Centre had no power to divide Andhra Pradesh under Article 3. Mr Narayana submitted to the court that Article 371-D was incorporated in the Constitution after the separate Telangana agitation in 1969.

He said that based on the Article AP has been divided into six zones. He argued that if at all the Centre has to divide the state it has to amend the Constitution.

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