interpreting a federal constitution - the hindu
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Chaiti Bais story and modern India
Bad enactment, no enforcement
Interpreting a federal Constitution
ARGHYA SENGUPTA
ALOK PRASANNA KUMAR
OPINION LEAD February 4, 2014
Updated: February 4, 2014 09:36 IST
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The Andhra Pradesh Reorganisation Bill, 2013, which creates the State of
Telangana, has been decisively rejected by the Andhra Pradesh Legislative
Assembly and Council. This rejection, together with the recording of 9,072
amendments and expression of views on its various clauses by its MLAs, and 1,157
like suggestions byits MLCs,has broughttheprocess of the creation of new States
in India into renewed fo cus. As has been opined previously in the pages of this
newspaper, the constitutional position in this context is straightforward: Article 3
of the Constitution vests Parliament with the power to form a new State, provided
that the Bill creating such a State is introduced on the recommendation of the
President and he has referred it to the legislature of the affected State for expressing its viewsthereon. This would suggest that the views of t he Andhra Pradesh Assembly will have no legal effect
the formation of Telangana is solely the prerogative of the government of India. While this may indeed
be the position of the law as it stands today, the unprecedented nature of the rejection of the Bill by t he
Andhra Pradesh Assembly requires the legal interpretation of Article 3 be reconsidered. Such
reconsideration is also prompted by the changing nature of Indian federalism, aptly demonstrated by
the curious situation of a Congress government at the State level defying its counterpart in power at the
Centre.
Unprecedented rejection
The key distinction between this instance and earlier disputes raised in relation to t he formation of a
new State lies in the f act that never befor e has an Amendment Bill been rejected by the State legislature
in question. Both inBabulal Parate(Supreme Court) andPradeep Chaudhary (Supreme Court, 2009)
seminal judgments of the Court dealing with the creation of Bombay and Uttaranchal respectively, the
issue before the Court was whether it was open to Parliament to amend the final Bill after the State
legislature had expressed its views on an earlier, unamended version. In both cases, the Supreme Court,adopting a literal interpretation of Article 3, held that there was no requirement that an amendment to a
Bill forming a new State would also have to be referred to the State legislature concerned. Such
interpretation is arguably correct the pro viso to Article 3 simply states that the Bill must be sent to
the State legislature concerned for expressing its views within a specified period. The pro vision is silent
on whether later amendments have to be referred, as well as on the effect that the views of the State
legislatures will have. Thus read literally, even a wholesale rejection of the Bill can be ignored by
Parliament, since Article 3 merely gives State Assemblies a consultative role their views are not
binding on Parliament in any way.
However, to tre at the States views as carrying merely formal value, as has been widely suggested, would
render the constitutional process of consultation entirely nugatory in a matter of national importance.
The current proviso to Article 3 was introduced by the Constitution (Fifth Amendment) Act, 1955.
Before this amendment, the President could only introduce an Amendment Bill in Parliament after
referring it to the State legislatures concerned for their views. This was a time-consuming process,
allowing States to vacillate in responding, thereby frustrating the efforts of the government of India.
This amendment was necessary to lay the groundwork for the smooth passage of the St ates
Reorganisation Commission Report that recommended a radical redrawing of State boundaries and
creation of new States. By adequately circumscribing State power, it was felt that no single State could
hold up the process of reorganisation.
But what if a State rejected the proposal to create a new State outright? Both the proviso to Article 3 as
well as the Rajya Sabha debates prior to its passage are silent on this specific question. The reason for
The rejection of the Telangana Bill by the Andhra Pradesh Assemblymust not be dismissed as having no legal consequences as that wouldrender the constitutional process of consultation entirely nugatory
COMMENT(43) PRINT T T
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CLOSERECENT ARTICLE IN LEAD
Chaiti Bais story and modern India
The deaths of Chaiti Bai and other women after a botchedtubectomy in Chhattisgarh are an opportunity to reflect on theproblems India faces in the pursuit of modernity and globalstatus, especially in health and education
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such silence is aptly demonstrated in a speech by MP Pro fessor N.G. Ranga who said in the House, I am
glad really now that this Bill has come to be introduced instead of the Congress Party trusting itself to
its capacity to get the lo cal majorities, which are also Congress majorities, to express the views of the
legislatures. (Rajya Sabha Debates, December 15, 1955). The proviso was thus brought in at a time
when such disagreement between the Centre and States was not a real possibility. Neither did
Parliament envisage nor did it legislate for such a situation. The rejection of the Telangana Bill by the
Andhra Pradesh Assembly is evidence of a dramatically changed time. For the le gal interpretation of
Article 3 to ignore such change would be an anachronism. It would also be inconsonant with the
Supreme Courts characterisation of the Constitution as a living tree capable of continuous growth
with concomitantly changing scenarios.
Bommai case
Such reinterpretation of provisions of the Constitution that have bearing on its f ederal character hasprecedent. In terms of the legality of the imposition of Presidents Rule in States under Article 356, the
Supreme Court inS.R. Bommai v. Union of India(Supreme Court, 1994) overruled its own precedent in
the case ofState of Rajasthan v Union of India (Supreme Court, 1977). While holding that the power of
the President to impose Presidents Rule is not above and beyond judicial review entirely, the Court
narrowed down the circumstances and the manner in which such powers could be exercised. The
premise of this shift in constitutional jurisprudence was that the principle of federalism was part of the
basic structure of the Constitution, and this principle could only be deviated from in exceptional and
extraordinary circumstances, i.e. where constitutional rule was not possible in the State. In doing so, the
Court recognised the pitfalls o f a literal minded construction of the Constitution as was done in
theRajasthan case. In the absence of any checks on the exceptional power of the President to impose
Presidents Rule and give federalism a go-by in the name of upholding the Constitution, the Court
recognised that the Constitution itself could be subverted.
The Supreme Courts course correction inBommai has a deeper lesson. That Indias constitutionally
envisaged federal structure has a strong centralising tendency is beyo nd question. Such a tendency isnot unique to India. Federal states the world over Canada, the United States, Australia all display
discernible centripetal forces irrespective of differences in their federal structure. But the decision
inBommai and now the Andhra Pradesh Assemblys rejection of the Telangana Bill marks a significant
change in this dynamic. It provides recognition to a more balanced union, with Centre and States seen
increasingly as coordinate entities. At a time when the Chief Minister of West Bengal trumps the
decision of the government of India to sign an international accord, the sole prerogative of the Central
government, and the Chief Minister of T amil Nadu prevents Sri Lankan cricketers from playing in
Chennai despite them having valid visas for travel in India, such a reworked understanding of federalism
in India is both realistic and pragmatic.
Towards a new federalism
In the face of such changes, to merely parrot an originalist constitutional vision of a strong Centre while
interpreting legal provisions is to take a blinkered view. The centralising tendency in Indias federal
structure was adopted at a time when it was necessary to weld Indias disparate elements together into a
nation. This was a task for which the government of India was uniquely positioned and required a
supporting constitutional architecture. Thus, the fe deral provisions of the Constitution were as much
lofty vision as political strategy. Such strategy now requires a careful recalibration since such a tool for
nation-building, if used unthinkingly, will be seen purely as central hegemony. Such forced unitarity will
be more harmful than a genuine recognition of a more equal f ederal structure that is perfectly
consonant with the idea of India.
This does not in any way mean that the Andhra Pradesh Assemblys views on the Telangana Bill should
be the last word on the matter. Such an inference would be plainly unconstitutional. However, it is
necessary that the Central government be required in law to adequately take into consideration the
reasons why the Andhra Pradesh Assembly rejected the Telangana Bill. This obligation should be
discharged in writing, demonstrating a proper application of mind with accompanying reasons as to why
each recommendation has been accepted or rejected. Without such consideration, the Andhra Pradesh
Reorganisation Bill, 2013, if passed, would seriously lack legitimacy and be inconsonant with the
dynamic federal spirit of the Constitution.
(With inputs from Sakshi Aravind)
(Arghya Sengupta and Alok Prasanna Kumar are research director and senior resident fellow
respectively, at Vidhi Centre for Legal Policy, a New Delhi-based legal policy think tank.)
Keywords: Telangana Bill,Andhra Pradesh bifurcation,Andhra Pradesh
Assembly, Seemandhra, Samaikhyandhra, Bommai case, federalism,Andhra Pradesh Reorganisation
Bill, Kiran Kumar Reddy
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COMMENTS(43) RECOMMENDED POST A COMMENT
It is right to say that the center should take into account as to why the AP assembly completely
rejected the AP reo rganization bill in order to maintain not just a smooth transition in case of
transference of assets and power to Telangana but also to ensure that its acts are not taken as a
means for gaining political mileage out of the whole issue. But one more point to note here is
that this conclusive rejection of the bill shows that maximum number of authorized people in
the state assembly are opposed to the formation of Telangana on what bases - an issue that is to
be looked into by center. Mo reover thinking of attaining a federal structure as that in USA is a
long shot fo r now untill such issues are dealt with rationality and inclusivity.
Posted on: Feb 5, 2014 at 13:16 IST
from: Piyush Sanduja
If Article 3 is over ruling the decission of a state then what kind of federal structure we have?
The authors of the constitution never thought of a central govenment which is against the will
of majority o pinion (at least 60% of AP is against division). Also, no political party in the AP
assembly (including pro telengana parties) is accepting 100% the present bill. There are
objections on Governer's role, common capital, water, power, etc. If division is for betterment
of people then what is the betterment of this bill which is not satisfactory to any one. What is
the finanical and social implications?
In the present case the whole o f AP is divided into pro and against state division. In this
situation the central government should behave more responsibly but in reality they are
behaving against the democratic norms. Instead of hadling such a sensitive issue in a hurry govt
should study all the consequencies and behave in more democratic manner.
Posted on: Feb 5, 2014 at 01:08 IST
from: raveendra
It is true that Andhra state rejected Telangana bill and now its up to center that will decide
about correct destination before considering any bill as final Center should be cool and be
ponderous to decide and nothing should do without logic and in haste.in case of Telangana bill
it is very important to see the unprecedented rejection of Andhra assembly and also measure
their weight in the social arena.
Now its need o f hour t hat center will decide that the concern raise by the MLA and MLC are
genuine and if yes they should do according to them and if they are o nly doing these thing to
gain some profit in coming election then they should be blatantly refused.
Posted on: Feb 4, 2014 at 18:46 IST
from: anoop kumar mishra
The formation of a state should be harmonious & advantageous to all
the regions of the erstwhile state. Also, the formation of new states
should start after considering the resources,infrastructure,
vegetation available. The newly formed states should enjoy all the
facilities that they used to enjoy before their formation. People must
understand that states are seen only in P OLITICAL maps. Creation o f a
new state will neither create wonders nor preventing its creation
deprives all the goo d it had. The intention behind giving central
supreme power in creation of states is that the central Govt lo oks
things in national perspective & not in r egional perspective. But,
http://www.thehindu.com/sunday-anchor/kiss-of-love-sunday-anchor/article6580000.ecehttp://www.googleadservices.com/pagead/aclk?sa=L&ai=CZbVyfEZ7VI-3BNWbuAT_6oKgDMD2mKQGkIeY8tgBwI23ARABIL2DvxNg5Zrpg-AOoAHY6PbZA8gBAakCLh8VPp1DUT6oAwGqBLEBT9Ai5ONt-xiH6wk8m40yU0o0arSSYJwEflYPK1NBD3_YJ8WP8r6MHi51Wef-qaWg1x1ieZt63DLTmmJDlSpY-xwiHv1SbLC1nW39nBy8e4GtdZBAn_qTwsUJli4xGux7CaqzTyjs9PcvHOjUVe2y9dNdv0FBorlOx0-7vi8BGuu3GF5U4jcau5fVoOYRoA8puL-OIhvQ11ZVTczhB1ida7gOH_lqurA5IvqbUyCMSQu5iAYBgAeQl4km&num=1&cid=5GgCKZldkZ8aOH7OgfGOKwPm&sig=AOD64_3IUiCQwNarjxhCwO78yUCPsGNYzw&client=ca-hindu_site_html&adurl=http://healthcompanion.maxbupa.com/savepremium/http://www.thehindu.com/news/national/forceful-sex-is-not-rape-hc/article6565078.ecehttp://www.thehindu.com/opinion/lead/interpreting-a-federal-constitution/article5649745.ece#http://www.googleadservices.com/pagead/aclk?sa=L&ai=CZbVyfEZ7VI-3BNWbuAT_6oKgDMD2mKQGkIeY8tgBwI23ARABIL2DvxNg5Zrpg-AOoAHY6PbZA8gBAakCLh8VPp1DUT6oAwGqBLEBT9Ai5ONt-xiH6wk8m40yU0o0arSSYJwEflYPK1NBD3_YJ8WP8r6MHi51Wef-qaWg1x1ieZt63DLTmmJDlSpY-xwiHv1SbLC1nW39nBy8e4GtdZBAn_qTwsUJli4xGux7CaqzTyjs9PcvHOjUVe2y9dNdv0FBorlOx0-7vi8BGuu3GF5U4jcau5fVoOYRoA8puL-OIhvQ11ZVTczhB1ida7gOH_lqurA5IvqbUyCMSQu5iAYBgAeQl4km&num=1&cid=5GgCKZldkZ8aOH7OgfGOKwPm&sig=AOD64_3IUiCQwNarjxhCwO78yUCPsGNYzw&client=ca-hindu_site_html&adurl=http://healthcompanion.maxbupa.com/savepremium/http://beforeyoubuypc.intel.in/learn/the-basics/why-buy-a-tablet?eid=1a_Outbrain_LCB+Content+Syndication+IN-Q3https://www.google.com/url?ct=abg&q=https://www.google.com/adsense/support/bin/request.py%3Fcontact%3Dabg_afc%26url%3Dhttp://www.thehindu.com/opinion/lead/interpreting-a-federal-constitution/article5649745.ece%26gl%3DIN%26hl%3Den%26client%3Dca-hindu_site_html%26hideleadgen%3D1%26ai0%3DCZbVyfEZ7VI-3BNWbuAT_6oKgDMD2mKQGkIeY8tgBwI23ARABIL2DvxNg5Zrpg-AOoAHY6PbZA8gBAakCLh8VPp1DUT6oAwGqBLEBT9Ai5ONt-xiH6wk8m40yU0o0arSSYJwEflYPK1NBD3_YJ8WP8r6MHi51Wef-qaWg1x1ieZt63DLTmmJDlSpY-xwiHv1SbLC1nW39nBy8e4GtdZBAn_qTwsUJli4xGux7CaqzTyjs9PcvHOjUVe2y9dNdv0FBorlOx0-7vi8BGuu3GF5U4jcau5fVoOYRoA8puL-OIhvQ11ZVTczhB1ida7gOH_lqurA5IvqbUyCMSQu5iAYBgAeQl4km&usg=AFQjCNF24V9F_0wc9U67PqgcRopPeHAJFAhttp://void%280%29/http://www.thehindu.com/news/cities/Thiruvananthapuram/16yearold-girl-abused-gives-birth-in-thiruvananthapuram/article6544039.ecehttp://www.thehindu.com/news/national/tamil-nadu/boy-stabbed-to-death-in-classroom/article6644528.ecehttp://www.happytrips.com/destinations/pre-islamic-civilisation-in-madain-saleh-in-saudi-arabia/as37579243.cms?utm_source=outbrain&utm_medium=cpc&utm_campaign=happytrips_traffichttp://www.thehindu.com/opinion/lead/interpreting-a-federal-constitution/article5649745.ece#http://void%280%29/http://www.happytrips.com/destinations/50-countries-offering-visa-on-arrival-for-indians/as33559097.cms?utm_source=outbrain&utm_medium=cpc&utm_campaign=happytrips_traffichttp://c02.optimix.asia/imageviews?opxCREATIVEID=4241&opxPLACEMENTID=818&opxCREATIVEASSETID=17988&opxMODE=1&opxURL=http://www.scmp.com/news/asia/article/1643313/narendra-modi-offers-humorous-apology-australian-mps-speech?utm_source=outbrain&utm_medium=outbrain&utm_campaign=OutbrainCampaign-Generic-Desktophttp://www.thehindu.com/elections/assembly2014/modi-to-campaign-in-jammu-on-friday/article6638816.ecehttp://void%280%29/http://asia.nikkei.com/Politics-Economy/International-Relations/Myanmar-deepens-India-ties-to-reduce-China-dependency -
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what if the central Govt is trying to do something for political gain?
Supreme court should be allowed to intervene if such misuse of power
happens.
Posted on: Feb 4, 2014 at 18:32 IST
from: rupesh
The arguments here are, though appealing, ill-informed. Federalism
does not mean getting a resolution t hrough the assembly by means of
brute majority and physical strength and then claiming legitimacy . The
facts in this case need a closer look. 1) The resolution by Mr Kiran
Kumar Reddy was passed by Voice vote and there was no division. 2) The
Telangana MLA s were physically stopped from having any access to the
speaker by the sheer majority o f Seeamandhra MLA s. This is verysymptomatic of the way Telangana people were denied access to justice.
Contray to what the authors argue, Article 3 is precisely meant to
address this brute strength of the majority. Demands for a separate
state almost always arise from a minority of the population. Article 3
is aimed to prevent trampling of such aspirations of minority by an
unwilling majority by sheer numbers in the state assembly.
-
Posted on: Feb 4, 2014 at 18:08 IST
from: C.S.C.Sekhar
Dear Sir,
Article 1 of the Constitution ["India shall be a Union of States"], read in conjuncture with Article
3, makes it clear that the Makers of our Constitution wanted India to be an "indestructible
Union of destructible States". Its federal features notwithstanding, it is these Unitary features
and the power of the Central Government to re-organise the units of the Union that have
facilitated the integration of many states into the Indian Union. Irrespective of the politics of
the time, it is wort hwhile to remember that the States are administrative units only, and do not
enjoy the Constitutional status of the States of the United States of America.
Posted on: Feb 4, 2014 at 18:03 IST
from: RAGHURAM S
The bifurcation of Andhra Pradesh after more than six decades cannot be done without a
referendum, for which all the political parties should agree. Even then, a lot of developments
have come up from contributions from all parts of Andhra. If the Centre yields to Telengana
lobbyists, the AP will suffer a situation like Kashmir Border. That's how Telengana group looks
at people working in Hyderabad from other parts. Taking into consideration all other future
issues from other States, the Center could address the issues raised by T. Leaders by offering
more funds for development. The cure would be worse than prolonged pain.
Posted on: Feb 4, 2014 at 18:02 IST
from: Louis S. Venugopal
Selfish and Cunning people who wanted to depend lifelong on other
regions resources like (rivers waters and capital Hyderabad) will
never understand the significance of Telangana state as till to day
more than 2000 youth students died i.e (including 1969 & after 2009)
for the genuine cause of Telangana state. The culture and society of
Telangana region is entirely different fro m Seemaandhra region and
moreover the very purpose of formation of united AP in 1956 was
diluted by disrespecting the gentlemen's agreement between Telangana
and SA region due to the arrogant nature of Andhra rulers for
benefiting their region. When Majority people taking minority people
as granted for whatever so is a big threat to Democracy and Federalismin the country. So I strongly advocate that Telangana state must be
created for safeguarding the interests of Telangana region and it is
also a 60 years old demand since the time of merger. Article-3 was
created by keeping the interests of all people.
Posted on: Feb 4, 2014 at 17:57 IST
from: Hasan
When Seemandhra wanted a separate state without extending any claim on Hyderabad in
1972,there was absolutely no murmur from tho se who demanded separate T-state just 3
years back.Mrs.indira Gandhi even diluted the mulki rules..still separatists did not raise any
protest.This shows how hollo w is the argument that T-demand is a 60 year aspiration of
people.Politicians like KCR,Nagam ,Kadiyam and Devender (when they were in power)had a
good word about the contribution of Seemandhra people and the benefits of united state.the
propaganda started with the claim of under development of T elangana but after Sri Krishna
committee, the slogan was changed to self rule and self re spect which can be claims of allregions of India.Changing of goal posts are seen even in these comments.When
constitutional niceties are being discussed, people raise questions about ethical validity ! If at
all there is an io ta of ethics in the T-movement , it would have joined hands with Jai Andhra
movement of 1972
Posted on: Feb 4, 2014 at 17:12 IST
from: Bharadwaja
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I am enlightened by the article.People had no objection when an important item like
bifurcation of a state was brought as a table item in the cabinet meeting.The concerns of the
residuary state were not addressed.It was never discussed with the two parties.And the
people were not prepared for it.It came as a bolt from the blue.
Posted on: Feb 4, 2014 at 16:55 IST
from: DrMSReddy
No need to worry about the formation of the state of Telangana. As per
Article3 the state will be created.
Posted on: Feb 4, 2014 at 16:51 IST
from: N Rama Rao
All the hype created against demerger of Te langana region from Andhra
Pradesh is created by Seema Andhra politicians for safeguarding their
political power in Seema Andhra in 2014 elections.
Posted on: Feb 4, 2014 at 16:23 IST
from: kvenkataramam
You will defeat the very purpose of t he constitutional provisions and
its spirit when you use technicalities to server your own interest.
Rejection of bill for creation of Telangana is one such example. The
sole purpose of the people who rejected the bill is the assumed
gullibility of the constituency they serve and the political benefit
they can reap by doing so. They neither have the capability nor the
vision to find a solution to Telangana problem. If they were to have
those skills and acumen and the large heart they could have resolved
the issue in the years that they had from the time it was first
announced in 2009 and central govt would have been happy not tointerfere at all. Rejection of the bill here is like adjournments in
courts which is used to defeat the spirit of law. Yes technically you
have a right but ethically yo u are wrong. Federalism/democracy will
get a bo ost when minorities believe that the system can deliver
justice and not crush them for majority.
Posted on: Feb 4, 2014 at 15:43 IST
from: Srinivas
Why not of ficially (constitutionally) declare telagana as a colony of Andhra region then at least
it will show the reality of what is going o n in the practice. How long telangana needs to be in the
slavery also should be determined by AP Assembly and Paliament when they can not allow
telangana to rule themselves.
Posted on: Feb 4, 2014 at 15:32 IST
from: ravi
When power is truly decentralized at Panchayat level,such demands for
creating new States may lose force.
What is happening is some State leaders have exploited the system to get
maximum personal advantage, denying to others.Huge discretion enjoyed in
allocating resources such as land have contributed to the present
situation.
Posted on: Feb 4, 2014 at 15:30 IST
from: Bhanumurti K
IF anybody presumes that assembly rejecting the bill has to get
attraction from other quarters of the country is meaningless and
preposterous attempt as in the past UP assembly pass the reso lution in
favour of dividing UP state into 4 parts. Is that implemented by
Centre? the answer is big NO, why b ecause, the Centre is only supreme
for deciding to create new states or alter the boundaries of the
existing state with adjacent state. Uttarakhand state added 2
districts from UP during the discussion in Parliament while passing
the UP reorganisation bill which has no support of state legislatures
in state assembly or any discussion took place in this regard in state
assembly. One should clearly comprehend that new states creation is
the sole right of Central govt. or President of India. One such state
is the Telangana state, which is created by Central govt. and assembly
rejecting or approving T-Bill has no legal impact on the passage of T-
Bill in parliament.
Posted on: Feb 4, 2014 at 14:46 IST
from: Hasan
Brilliant article. Hope that Indian federalism is not made a prey to
Vote bank politics
Posted on: Feb 4, 2014 at 14:33 IST
from: heamnth
I am of the opinion the purpose keeping state reorganization under Central Government under
Article 3 in the Constitution is only to protect the boundaries of the Country intact. Failing
which some of the State leaders may pass a resolution stating that they intend the merge the
state with some other country. States Reorganization is prerogative of Central only for all
purpose.
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In the case AP Assembly voice Vote is absolutely tr ash. such an important resolution having
passed within two minutes shows the commitment by legislators of t he state. In our life time it
is not possible to get passed such an important resolution with majority of the people voting in
favour of Telangana. The reasons is Seemandhra members are in majority in the ho use.
Whereas Telangana members are in minority.
Posted on: Feb 4, 2014 at 14:25 IST
from: baradangi
The unilateral decision of CM to defeat the T-Bill has no significance
or legal impact on the rejection of AP re organisation Bill as any
resolution forwarded by CM to speaker should be back by state cabinet
approval. New states are created for flexibility and on demand or oneregion feels that their development fund is totally misused by other
regions. Telangana state is going to be born by Article-3 provision,
which rests the supreme powers to o nly President or Parliament.
Moreover U nder Article-3 strictly speaking, Voting is forbidden in
state assembly for any cause albeit it is approved by one particular
region for their selfish gains to rule the people from minority
region. I am sure that Telangana state is going to be reality by this
month i.e 17th february
Posted on: Feb 4, 2014 at 13:57 IST
from: Hasan
The issue of AP state re-organization will be somehow dealt and forgotten, but the precedence
set will make or break new ground for resolution of future center vs state(s) disputes. Hope
Ambedkar's intent reflects in how we interpret our constitution today.
Posted on: Feb 4, 2014 at 13:52 IST
from: haranathp
Though I agree with your point of providing powers to State Assemblies to
stop central's Hegemony. But loo king form India's prospective where the
local government is ruled by stubborn politicians like Akhilesh Yadav,
Mayavati, Raj Thakare and many more who conspicuously lack prudence in
their judgement more over have such a narrow view in their rule that I
doubt to increase powers at the local level will be a perspicacious step.
Posted on: Feb 4, 2014 at 13:40 IST
from: Nishith Anand
Centralising tendency of federal characteristic of Indian
Constitution was call of time during those period as Indian was newly
independent country and most of the princely states were free
independent.At this scenario our constitution maker adoptedcentralising tendency in Indias federal structure to weld Indias
disparate elements together into a nation.
But now after 67 y ear of independence when India is a strong
democratic country of world,its time to reinterpretation of Federal
Constitution specially in cases where sentiment of native peo ple
invole such as state re-organisation bills.
Posted on: Feb 4, 2014 at 13:27 IST
from: Ajay Kumar Yadav
An excellent piece of writing, as I view, that underscores the need to
revisit the current interpretation of the proviso of Art 3 of the
Indian constitution to enable the states have a more genuine say in
issues affecting them which will indeed be a giant leap in realizing
in greater terms the constitutionally envisaged 'federalism'.
A suitable interpretation, or re-interpretation, of constitutional
provisions with changing or changed times in extremely necessary to
implement 'in essence' the 'fundamental law' of the country....... .
and we must not abstain from that..........
Posted on: Feb 4, 2014 at 13:25 IST
from: UJJWAL
The ultimate goal of any Law is to save the "Dharma". When the Dharma is
defeated a Krishna will born to educate the Arjuna to drive him and to
save the Dharma. At times no Laws will prevent the winning of Dharma.
"Dharmo Rakshathi Rakshithaha"
Posted on: Feb 4, 2014 at 13:08 IST
from: Srinivas
"The Andhra Pradesh Reorganisation Bill, 2013, which creates the State of
Telangana, has been decisively rejected by the Andhra Pradesh Legislative
Assembly and Council" this very first sentance is totally wrong and so as rest of the
article. Can you imagine (pl. see the tapes o f assembly) in two minutes that
"Rejection" happened. Voice vote!! They rejected it after more than 50 days, what
joke. If this is democracy, Is this serious one which deserves such an article.
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Instead of question such resolution and its approriatness, writing such articles
shows the complete lack of ground reality. Entire Telangana MLAs opposed it,
entire Telangana ministers opposed its introduction, entire Telangana society
thought it is one more attempt to oppress them, Today if there is referrundum in
Telangana, more than 98% of 40 million people support. If this bill is not going to
Parliament, that is the greatest insult to the constitution, article 3 and to all our
collective wisdom.
Posted on: Feb 4, 2014 at 12:56 IST
from: B.Gujja
Article well written!!! If State assembly's view is an empty exercise whats the point in
conducting such an exercise?
Its important to note that that we as a nation has matured enough to stay together and its hightime to revisit and ease
the federal credentials of the constitution.
As some argue there was never a majority and minority issue in state reorganisation. All the
states carved out in the
recent past (Uttarakhand, Jharkhand, chattisgarh) were minority regions and state assembly's
has passed a resolution
in favour of their creation. Its important that the differences of seemandhra and telangaga
should be reconciled before
carving a new state.
Posted on: Feb 4, 2014 at 12:25 IST
from: Madhav
To call India a federal state appears to be a fallacy. It is
essentially unitary state with certain federal characteristics. Butthe federal characteristics appear to be more in form than substance.
The Central Government can divide or merge the states with out the
approval of state legislature without even amending the Constitution.
Apart from that the Centre can even part with territories to foreign
governments as demonstrated in the case of Tin Bheega and Katchativu.
Besides, purse strings are also controlled by the centre as major
revenue streams are with them.
Posted on: Feb 4, 2014 at 12:14 IST
from: Ramakrishnan K
Argument that the rejection of Bill by bo th the house is inconsequential
and Center will still proceed ahead with bifurcation of AP shows 'the
poverty of mind' of UPA leaders. Is it not akin to saying that in a
murder trial the examination of witnesses from the side of both defence
and prosecution are only fo r a procedural requirements/formalities and
court can pronounce award of capital punishment as a pre-determined
judgment for a short-term political gain?
Posted on: Feb 4, 2014 at 12:05 IST
from: Rao C V C
The Constituion came into being when the Indian national congress was in power. The
power equations have now undergone a Himalayan change. We are now in coalition politics
and no one is in a position to forecast the polarization of politucal forces at any point of
time. Continuation of the federal structure is definitely in the interests of the country, and for
That , the political parties will have to develop a NATIONAL PERSPECTIVE to strengthen
The nation. In USSR, the federal structure vanished after Gorbachev's period, and we find
The continuance of the federal structure in USA, in spite of the differing approaches of the
Democrats and the Republicans in that country. All the po litical parties, will have to be
cautious at this time in Indian history . The telengana issue will help all political parties to
adopt the right approach to strengthen the biggest democracy in the world.
Posted on: Feb 4, 2014 at 12:01 IST
from: C p Chandra das
Article 3 in its present form is being mis-interpreted by separatist agitators. Article(3) is not
giving scope for "lobb ying" in carving out separate states. Indian states should not be formed
by "lobbying with third party", which is not affected by the decision. As the authors rightly said,
immediately after independence, India needed the strong center. But not after becoming a
matured democracy. The issue should be settled in state assembly. Either you convince the
majority or accept the majority. There is no other way around. At the same time the minority
rights needs to be protected, leaving the policy decision to the majority opinion. Otherwise
there will be anarchy in the nation.
Posted on: Feb 4, 2014 at 11:52 IST
from: Sarath
State Reo rganization is a complicated issue ever since the formation
of Indian union.There will be arguments for and against thereorganization.The reorganization through resolution can be rejected
or accepted by the state legislature with a majority of one vote or
even might through the casting vote of the speaker.However this cannot
be treated as a consensual opinion of the legislature.The opinion of
the state legislature with two third majority need only be bounded to
the parliament necessarily.
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Again the state reorganization bill introduced in both houses need
only adopted with simple majority even though this issue is of extreme
importance.It will be f air if the state reorganization bill (all the
clauses in the bill) given as important as an amendment to the
constitution so that the union government will be fo rced to have a
wider consultations. Again before the adoption of such an important
bill standing committed referral should be compulsory.
Posted on: Feb 4, 2014 at 11:37 IST
from: Finto
@aravind,If division was sought we would have known whether MLAs like Jagga reddy and
JP ( both from Telangana) voted for or against the bill.
Another comment on the extent to which the non-telangana politicians went to stop the b illneed some explanation.In fact the game has been started by the ruling party..the shameless
depth to which it reached to some how bring the T-bill was unprecedented..so is the the chorus
of the T-politicians in supporting the highly partisan bill while ignoring constitutionally valid
pointers...the T-politicians were so intoxicated with the separatism, they were ready to
surrender the sovereignty of assembly to the parliament unconditionally..they were saying that
in case of division of states, parliament is supreme..would they be on the same
argument if a similarly hurried bill to make Hyderabad a separate state/ UT, is pushed through
without bothering about constitutional niceties or to take the views of all the stake holders?
Posted on: Feb 4, 2014 at 11:22 IST
from: Bharadwaja
Changing scenario from single party dominance to multiparty over the years is rightly
demonstrated in this article. One strange thing is though in both centre and state congress is
ruling, bill has been rejected by the State Assembly.
Posted on: Feb 4, 2014 at 11:19 IST
from: Srinivas B
The authors have put forth a very valid point. Issues have to be decided according to the
circumstances peculiar and particular to it. However, t he question does remain as to WHO will
ultimately decide the fate of the legislation? WHO will decide how a region and the people there
should be administered? The obvious answer is "the people," but who will "the people" be? The
people of the region itself, or the people of the entire state proposed to be bifurcated?
Moreover, HOW will the will of the people be ascertained? By a House dominated by
representatives opposing the move? Or by some o ther mechanism? That is the question.
Posted on: Feb 4, 2014 at 10:59 IST
from: Anand Bhisey
The Congress party did not do its home work bef ore making the decision
of bifurcation. It should not rush to bifurcate as it is being done
now.
Posted on: Feb 4, 2014 at 09:20 IST
from: Jayachnd Pallekonda
From the constitutional debates, clearly Article 3 was so draft ed to pro tect a minority that is at
a disadvantage versus a majority. This was needed f or doing justice to the minority. What was
not addressed, however, was the reverse situation of a "minority" actually having an advantage
over the majority, which, is precisely what we have in the present Telangana separation issue.
Despite claims for separate statehood on the basis of cultural identity and perceived
victimization, Telangana actually benefited from development to a greater degree compared to
Seemandhra and together with control over headwaters of the rivers, natural resources, and
Hyderabad, it will be walking away with the crown jewels - for Se emandhra this is a matter of
losing ability to meet f undamental needs. A literal interpretation of Article 3 would trample
indiscriminately on the rights of the majority in this situation, which we can be sure could not
have been the intention of the framers of the constitution.
Posted on: Feb 4, 2014 at 08:57 ISTfrom: Ablu Zarat
Very valid points and timely.
Posted on: Feb 4, 2014 at 08:21 IST
from: Ramakrishna Garimella
Excellent article. The Hindu should be commended for the excellence of its legal analysis. My
interpretation of the article is that while the federalism inherent in the Indian Constitution
vested a lot of power in the centre, the reality is that over the past 60 years this is being diluted.
The fo unders of the American (and Australian which is largely based on US Constitution)
distributed the power amongst the various entities and ensured that the Centre remained weak.
However the Constitution ensured that the Centre ret ained some powers exclusively to itself
and the states have largely abided by that. The instance you mentioned (TN govt ref using visas)
is more like a mutiny by the TN Govt and should not be taken as a precedent. If this state of
affairs is allowed to continue, balkanisation may well be a posibility in the years to come.
Posted on: Feb 4, 2014 at 06:48 IST
from: Bala Varadarajan
I take this opportunity to salute THE HINDU in timely publishing this article with balanced
analysis of constitutional provisions in respect of States r eorganisation under Article 3 o f
constitution and Andhra Pradesh assembly's rejection of the bill to b e placed in parliament
and referred by president of India for its views.The learned law makers would apply their
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mind in evaluating the provisions of the bill and repurcussions associated in passing the
same ,while upholding the federal structure of the country and keep it united forever .It is
bounded duty of all the lawmakers to provide due consideration to the views expressed by
their counter parts in state legislatures . No state should be reorganised without analysing
the real need of it and if it is inevitable the interest of stake holders to be considered without
any short te rm political considerations .
Posted on: Feb 4, 2014 at 06:37 IST
from: P S N RAO
Good analysis
Posted on: Feb 4, 2014 at 05:52 IST
from: Venkat
The most essential ingredient of democratic process lies in acceptance
of the majority view by one & all. State Assemblies mustn't be denied
of their rights to take decisions relating to their States.
Posted on: Feb 4, 2014 at 05:47 IST
from: asim chakrabarti
It appears that the whole article is based on the assumption that the
Rejection of the bill by State Assembly with Majority members who are
from Non T elangana Region as being Unprecedented. But, rater what
would have made the rejection unprecedented was if at least one member
from Telangana region has voted for the rejection of the Bill, i the
absence of which, the rejection of this bill is only on the expected
line of t he stance taken by the non Telangana leaders from the
beginning although for the most part in the part they have agreed forthe division in the Past.
What is unprecedented here is the fact that to what extent the Non-
Telangana politicians went to ensure the bill does not pass. It should
be noted that the bill was not rejected the day it was introduced the
house but rather was done with malicious intent only at the end of
discussions for more than 30 days. It should also be noted that the
extension period was requested from the president to discuss.
Posted on: Feb 4, 2014 at 05:18 IST
from: Aravind
Most sensible article I have seen on t his topic thus far.
Posted on: Feb 4, 2014 at 03:51 IST
from: KVRao
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