This comes as news to all the politicos in Andhra Pradesh wanting to form Telangana.

The AP High Court has now reserved its order on a PIL on whether the government has the power to divide a state into smaller states.

The petition is based on the contention that a state cannot be bifurcated without the consent of its people and going by this; Amendments 5 and 7 to Article 3 of the Constitution should be declared unconstitutional.

“Article 3 of the Constitution gives the power to the Parliament to form a new state or alter areas or boundaries. Under the Constitution, the State legislature has no role to play in this act. Though the President is bound to refer the Bill to the state legislature; in Babulal v. State of Bombay, AIR 1960 SC 51, it was held that the Parliament is not bound to accept or act upon the views of the State Legislature.”

 

On a political front, this case may have a huge impact on the upcoming AP state elections where Telangana can now again become an issue.

On a legal front, the consequences are much greater. It was after IR Coelho v. State of Tamil Nadu that amendments to the Constitution were open to challenge to the basic structure and the rights guaranteed under Articles 14, 19 and 21. However, it was held that only those amendments after 1973 would be open to challenge.

Challenging the 3rd and 5th Amendments now would be against the ruling in Coelho’s case and it would interesting to see how the Court goes about to answer this question. 

PS: The Article was in the TOI issue dated 24th Jan 2009 in the HYD “times city” section. I cannot get the link and shall upload it as soon as i get hold of it. 

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