When division is on, D means dying


Article 371(D) will automatically become redundant

371(D) was introduced to divide the state in to six zones to provide fair share of employment opportunities. Telangana has two independent zones, those are v and vi. after division also there will be no overlapping effect. So that there is no need to touch 371(D) now.

Article 371(D) was included by an amendment to the Constitution of India to pacify the people of both regions, i.e Telangana and Seemandhra, who gone to agitations in 1969 and 1972. The very purpose of the amendment is to address the complaints of the both regions and to facilitate equitable opportunities in employment. Telangana people accused Semmandhra establishmnet that their jobs were robbed by the other region. In this backdrop 1971 Supreme Court upheld the Mulkhi rules, which provides special protection against job grabbing. Then Seemandhra people started Jai Andhra movement against these special protections provided to Telangana people. At this point Central Government amended Constitution, dropped 371(1) and brought 371(D), which tried to address the problem of providing fair share of opportunities.

But that act does not saved Telangana people. Injustices were not stopped. That became root cause for Telangana movement. Seemandhra bias in sharing of resources, river waters, allocation and spending of funds further fueled the movement. Hence, we witnessed last decade as decade of Telangana movement. At last Central Government decided to form Telangana state. 371(D) is meant for to keep the two regions united. When the division is happening the relevance of 371(D) will be automatically diminished. It means it can be be omitted without loss of meaning or function.

The power of Article 3 and 4

3. Formation of new States and alteration of areas, boundaries or names of existing States.
—Parliament may by law—
(a ) form a new State by separation of territory from any State or by
uniting two or more States or parts of States or by uniting any territory to
a part of any State;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(e) alter the name of any State:
Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of
the States, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.

4. Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.
—(1) Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary.
(2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.

You can find the objects and reasons of the 371(D):

THE CONSTITUTION (THIRTY-SECOND AMENDMENT) ACT, 1973

Statement of Objects and Reasons appended to the Constitution
(Thirty-third Amendment) Bill, 1973 which was enacted as
the Constitution (Thirty-second Amendment) Act, 1973

STATEMENT OF OBJECTS AND REASONS

When the State of Andhra Pradesh was formed in 1956, certain safeguards were envisaged for the Telangana area in the matter of development and also in the matter of employment opportunities and educational facilities for the residents of that area. The provisions of clause (1) of article 371 of the Constitution were intended to give effect to certain features of these safeguards. The Public Employment(Requirement as to Residence) Act, 1957, was enacted inter alia to provide for employment opportunities for residents of Telangana area.
But in 1969, the Supreme Court held the relevant provision of the Act to be unconstitutional is so far as it related to the safeguards envisaged for the Telangana area. Owing to a variety of causes, the working of the safeguards gave rise to a certain amount of dissatisfaction sometimes in the Telangana area and sometimes in the other areas of the State. Measures were devised from time to time to resolve the problems. Recently several leaders of Andhra Pradesh made a concerted effort to analyse the factors which have been giving rise
to the dissatisfaction and find enduring answers to the problems with a view to achieving fuller emotional integration of the people of Andhra Pradesh.
On the 21st September, 1973, they suggested certain measures (generally known as the Six-Point Formula) indicating a
uniform approach for promoting accelerated development of the backward areas of the State so as to secure the balanced development of the State as a whole and for providing equitable opportunities to different areas of the State in this matter of education, employment and career prospects in public services. This formula has received wide support in Andhra Pradesh and has been endorsed by the State Government.

2. This Bill has been brought forward to provide the necessary constitutional authority for giving effect to the Six-Point Formula in so far as it relates to the provision of equitable opportunities for people of different areas of the State in the matter of admission to educational institutions and public employment and constitution of an Administrative Tribunal with jurisdiction to deal with certain disputes and grievances relating to public services. The Bill also seeks to empower Parliament to legislate for establishing a Central
University in the State and contains provisions of an incidental and consequential nature including the provision for the validation of certain appointments made in the past. As the Six-Point Formula provides for the discontinuance of the Regional Committee constituted under clause (1) of article 371 of the Constitution, the Bill also
provides for the repeal of that clause.

NEW DELHI; UMA SHANKAR DIKSHIT.

The 12th December, 1973.

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2 thoughts on “When division is on, D means dying

  1. murali

    కట్టా శేఖర్ రెడ్డి గారు వీలుంటే దీనిని తెలుగులో అనువాదం చేసి విస్తృతంగా ప్రచారం అయ్యేట్టు చూడగలరు

    Reply

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