Constitution Bench to hear anti-Telangana pleas

• Supreme Court declines to give stay on the issue
• Issues notice to Centre; reply sought in 4 weeks
• Petitioners raise two constitutional issues
• Articles 371-D & 371-E cannot be infringed upon
• Police powers cannot be vested in Governor

New Delhi: In a major development, the Supreme Court on Friday referred the case of bifurcation of Andhra Pradesh to the Constitution Bench. The issue at stake is how the division of the State can take place when Article 371-D and Article 371-E are in force. However, the apex court declined to give stay,

The Supreme Court Bench comprising of Justice H L Dattu and Justice S A Bobde, issued notices to the Centre returnable in four weeks.

Justice H L Dattu said at the outset that the issues were known and as such there was no need for arguments. The issue was raised in the Supreme Court on more than one occasion in the past, when petitions challenging the bifurcation move of the Centre were filed.

But on each occasion, the court held that it was premature for it to take up the case. Now, that Parliament has passed the Act and the Presidential gave his assent for the same, several petitioners decided to go back to the apex court.

According to senior counsel D Ramakrsihna Reddy, this will not have any impact on the process of bifurcation of Andhra Pradesh. Since June 2 has been decided as the Appointed Day, the two States will be formalised on that day. The process has been set in motion for the division of cadres, besides the assets and liabilities.

As four weeks time has been given for the Centre to respond to the notices, the reply is expected in April first week. From May 15, the Supreme Court summer vacation begins. After receiving the reply of the Centre, the apex court is then expected to refer it to the Constitution Bench.

Several petitioners approached the Supreme Court, challenging the bifurcation of Andhra Pradesh, including former Andhra Pradesh Chief Minister N Kiran Kumar Reddy, Adusumilli Jayaprakash and K Raghu Rama Krishnam Raju, among others.

Noted Constitutional luminary Rajeev Dhavan has appeared for Kiran Reddy. Rohington Nariman represented Adusumilli Jayaprakash, while Harish Salve appeared for one of the petitioners. A host of legal luminaries are expected to argue out the case for the petitioners.

Two main Constitutional issues have been raised and the Bill is sought to be struck down: “Because the vested rights conferred to the petitioner and his fellow citizens in United Andhra Pradesh under Article 371D&E cannot be infringed by Article 3 State Reorganisation without amending Article 371D&E, as specified in Article 368. Because 371-E is placed under entry 63 of List –I in Schedule 7 and requires special Constitutional amendment and the same is not discussed in the Andhra Pradesh Reorganisation Bill, 2013.”

The other issue relates to the vesting of police powers in the State Governor. It is a State List subject in Entry No 1 and 2 of the State List. It cannot be taken away in the name of a common capital that needs to be administered by the Governor of Andhra Pradesh from the State Government of Andhra Pradesh by the Andhra Pradesh Reorganisation Bill 2013.