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Telanagan advocates file caveat in SC
Telanagan advocates file caveat in SC, T R Andhirayujina, Telangana Advocates, T Process. Telanagan advocates file caveat in SC, T R Andhirayujina, Telangana Advocates, T Process
Want to be heard in case T Bill is challenged
Telanagan advocates file caveat in SC, T R Andhirayujina, Telangana Advocates, T ProcessHowever, former Additional Solicitor General T R Andhirayujina says that since BJP is ready to extend support, Centre can go ahead with T process
The Telangana Advocates JAC has filed a caveat in the Supreme Court on the move of Seemandhra leaders to challenge the creation of Telangana.
Sunkari Janardhan Goud of the Telangana Advocates JAC filed the caveat in the Supreme Court, which is against Andhra Pradesh Chief Minister N Kiran Kumar Reddy, Jaganmohan Reddy and Vijayamma, Chandrababu Naidu, P Keshavulu and C M Ramesh of TDP and others.
The caveat seeks to ensure that nothing is done in the matter unilaterally, in case any petition challenging the creation of Telangana is filed in the Supreme Court.
The legal opinion is divided on the scope to challenge the Centre’s decision on the bifurcation of Andhra Pradesh. There is no unanimity on the maintainability of the petition to challenge the creation of Telangana.
Noted Constitutional luminary Fali S Nariman said the President has enormous powers under Article 3 of the Constitution in the matter of reorganization of States. The Centre has a free hand in the matter of creation of a new State. At the same time, Nariman pointed out that in the S R Bommai case, the Supreme Court has laid down that federalism forms part of the basic structure of the Constitution. The Court laid down the Basic Structure Doctrine in the case. It has since become the law of the land. Anything that militates against the Basic Structure of the Constitution will not be maintainable under the law.
Thus, the power of the Centre to create new States is now qualified by the requirement not to go against the Federal Structure of the Constitution. Since the Andhra Pradesh Assembly has unanimously passed the resolution opposing the bifurcation of Andhra Pradesh, Nariman felt that there was a ground for moving the Apex Court. “But this is purely by personal opinion,” Fali S Nariman said.
Former Additional Solicitor General T R Andhirayujina, on the other hand, argued that since the political spectrum like the BJP supported the creation of Telangana, the Centre can go ahead and create the new State.
