YSRCP moves SC against bifurcation of State

Challenging the Centre’s decision to bifurcate the State, YSR Congress Party on Tuesday filed a writ petition in Supreme Court urging it to declare the action of Union government with regard to creating Telangana state under the Article 3 of the Constitution as unconstitutional.

The petition filed by party’s Political Affairs Committee (PAC) member DA Somayajulu, said: “Article 3 of the Constitution empowers parliament to create new States on the reference from the President. It is to be clearly understood that such a power has to be exercised according to a policy created for that purpose and not whimsically, selectively or on a case to case basis.” Somayajulu said that the Centre took the decision to divide the State by violating established conventions and practices. All the States created so far under Article 3 of the Constitution was on the basis of recommendation of a Commission like the SRC or a Report of a Committee like that of JVP Committee or Dar Committee or Wanchoo committee or upon receipt of a request from a State assembly.

The petition said, “Unfortunately, the present action of Union government does not conform to any of the established conventions and practices and it also goes against the recommendations of Justice Srikrishna Committee, which recommended that the best option is to keep the State united. So, the decision of the Union government on October 3, 2013 is arbitrary and is therefore ultra vires the Constitution.” The petition further said that Srikrishna Committee had clearly recommended that the State be kept united.

“It is inexplicable as to why the Union government did not obtain the resolution of the State assembly for division of the State.