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Supreme Court Rejects PILs on Telangana
Highlights
SC Rejects PILs on T, public Interest Litigation Petition, Creation of Telangana. The Supreme Court on Monday refused to entertain the public interest litigation (PIL) petitions filed against the creation of Telangana.
The Supreme Court on Monday refused to entertain the public interest litigation (PIL) petitions filed against the creation of Telangana, on the ground that it was still premature. It, however, said that all legal issues raised in the petition were kept open to be argued at an appropriate stage.
The Supreme Court Bench, comprising Justice H L Dattu and Justice Madan B Lokur, said, “We do not know the mind of the state legislature or parliament and what they will do. It is premature. We decline to entertain the petition. However, we clarify that all legal issues raised in the petition are kept open, to be argued in appropriate petitions at appropriate stage.”
- Rules it is premature for court intervention
- Legal issues raised could be argued at appropriate stage
- Harish Salve arguing for the petitioner says Article 3 cannot be invoked in creating a new state
The PILs were argued at the admission stage by legal luminaries like Fali S Nariman, his son Ronhington Nariman, Harish Salve, M N Rao and S S Prasad. Rohington Nariman argued that the bifurcation of the state could not be taken up before Article 371-D of the Constitution is deleted through a Constitutional Amendment. There were other procedural lapses as well, he pointed out.
It was pointed out that when Punjab was bifurcated, the JPC Report was followed. When Chhattisgarh, Uttarakhand and Jharkhand were created, Resolutions were moved in the parent states. In the case of Telangana, Srikrishna Committee was set up, which favoured keeping the state united. Neither the report was followed, nor Resolution moved, in the Andhra Pradesh Assembly. The petition had sought directions for declaring the Union Cabinet resolution of October 3 as unconstitutional.
The petition was filed by D A Somayajulu of the YSRCP. He challenged the Centre's move to carve out Telangana from Andhra Pradesh, saying it was an arbitrary and irrational decision, resulting in largescale protests, loss of life and revenue across the State.
It had also sought direction for restraining the President from initiating any move on the bifurcation of Andhra Pradesh, until a rational policy on the creation of new states was laid down.
Further, the petition had said the present decision to divide Andhra Pradesh was clearly based on political motivations of the Congress that leads the coalition government at the Centre and could not be defended, in case it was challenged, based on Article 14 of the Constitution. The petition, which was represented by senior advocate Harish Salve, had contended that Article 3 of the Constitution could not be invoked as a political tool to create political division to suit the purposes of the party at the Centre.
“Creation of a new state has to be based on valid and tenable considerations emanating from a policy regarding the creation of states. In the absence of such a policy, the creation of a new state (or states) will be invalid," it had said.
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