Former MLA moves SC over bifurcation

New Delhi: Former Congress MLA Adusumilli Jayaprakash from Andhra Pradesh has filed a writ petition in the Supreme Court against the bifurcation of Andhra Pradesh. Jayaprakash has filed the writ petition in the Supreme Court challenging the bifurcation of the State, without Constitutional Amendment for deleting Article 371-D and Article 371-E.

The writ petition has cited the Union Cabinet decision on October 3 and the recent decision of the Cabinet approving the Telangana Bill on December 5. The writ petition argued that formation of Telangana in exercise of Articles 2-4 of the Constitution would not amount to amendment of the Constitution, as per Article 368 and creation of Telangana would mean altering the guarantees under Article 371-D. Otherwise, “the exercise under Article 2-4 of the Constitution shall be deemed to be colourable exercise of legislation without legislative competence.” The same applies to Article 371-E of the Constitution, it was pointed out.

The petition made out a case stating that Article 2-4 of the Constitution are Sui Generis power of Parliament to form a new State and Article 371-D and Article 371-E are special provisions requiring specific amendment as provided for under Article 368 of the Constitution.

Among other issues, the writ petition pointed out that while Hyderabad is to serve as the common Capital of Telangana and the successor State of Andhra Pradesh, it will be governed by the Governor.

However, insofar as the law and order and safety and security of the people is concerned, the Government is not bound by the aid and advice of the Council of Ministers of Telangana, which, it states, is in conflict with the Cabinet system of governance under Articvle 163 of the Constitution.

The writ petition prayed to the Supreme Court to issue a Writ of Certiorari to the Centre declaring as null void the decision on bifurcation of Andhra Pradesh, before amendments to Article 371-D and Article 371-E of the Constitution.