IANS, New Delhi, 7 February 2014
The supreme Court Friday rejected a batch of petitions seeking to restrain the government from moving a bill to bifurcate Andhra Pradesh to carve out Telangana on the ground that it was violative of the principles of federalism and the basic structure of the constitution.
A bench of Justice H.L.Dattu and Justice S.A. Bobde, while declining to entertain 10 pleas on the issue, said that on an earlier occasion (Nov 18, 2013), the court had refused to interfere on the ground that it was premature, but again a set of petitions has been filed with a similar prayer.
“We find no change in the position between Nov 18, 2013, and today. The petitions are dismissed. Whatever arguments raised, the petitioners are free to raise at future time,” the court said.
A petitioner seeking to restrain the government from moving the Andhra Pradesh Reorganisation Bill, 2013, in parliament for carving out of Telangana said that the Andhra Pradesh assembly has unanimously rejected the proposed bill, so the president could not recommend its introduction in parliament.
It was contended by the petitioner that carving out of Telangana from Andhra Pradesh would require a constitutional amendment to take away the existing protection Hyderabad enjoyed under Article 371 (D) of the Constitution.
The petitioner contended that the bill does not contain the statement of objects and reasons and it was being thrust by the government for malafide and political reasons without any justified purpose.
The court was told that the central government could not go against the wishes of the members of the state assembly who have unanimously rejected the proposed bill.
Among others, the petitions were filed by Telugu Desam Party legislator L.Payyavulu Keshva, industrialist, philanthropist and social activist K. Raghu Ramakrishnan Raju, advocate Satish Gala, and another by Delhi-based lawyer M.L.Sharma.