VISAKHAPATNAM:
In its haste to speed up the process of bifurcation, the government is
ignoring constitutional conventions and procedures, feel legal experts,
pointing out that the rulings of the Supreme Court with respect to the basic structure of the Constitution are not being followed.
The Constitution provides special status to Andhra Pradesh by virtue of Article 371D and a Presidential order due to which an amendment of the Constitution is required for the formation of a separate state.
According to city advocates, the government is trying to hasten the process of bifurcation before the elections without following the constitutional procedure. If the amendments to Article 371D are to be carried out for the division of the state, as the Centre is planning, Parliamentary procedure mandates not only a two-thirds majority in the Assembly, but the consent of at least 50% of Indian states (that is 15 states) through their respective legislative assemblies is also required for any amendment as per Article 368, they said.
"The government has to follow the procedure laid down in Article 368 of the Constitution to effect amendment to Article 371D. The procedure for the amendment is that the Bill must be moved in House of Parliament and must secure two-thirds majority of the total members of the House and by a majority of two thirds of members of house present and voting," said a legal expert.
"Since the government does not have absolute majority of its own and has to be propped up by coalition partners, it cannot move the Bill on its own. If the government goes ahead without following the constitutional safeguards, the Bill would be challenged in the courts and the Supreme Court may set aside the bifurcation procedure as illegal and unconstitutional," stated senior advocate Kuppili Muralidhar, who is also the president of the Forum of Legal Professionals, Vizag.
Prof Y Satyanarayana, director, Gitam Law University, said that passing a ministerial note on T is not equivalent to a Bill or Law. "Even if we consider the note as a Bill, the note was not sent to the President who is obliged to refer the proposals to the Assembly. The division of a state takes place either as a political viability or when people of the state demand division, though here it was not the case." he said.
The Constitution provides special status to Andhra Pradesh by virtue of Article 371D and a Presidential order due to which an amendment of the Constitution is required for the formation of a separate state.
According to city advocates, the government is trying to hasten the process of bifurcation before the elections without following the constitutional procedure. If the amendments to Article 371D are to be carried out for the division of the state, as the Centre is planning, Parliamentary procedure mandates not only a two-thirds majority in the Assembly, but the consent of at least 50% of Indian states (that is 15 states) through their respective legislative assemblies is also required for any amendment as per Article 368, they said.
"The government has to follow the procedure laid down in Article 368 of the Constitution to effect amendment to Article 371D. The procedure for the amendment is that the Bill must be moved in House of Parliament and must secure two-thirds majority of the total members of the House and by a majority of two thirds of members of house present and voting," said a legal expert.
"Since the government does not have absolute majority of its own and has to be propped up by coalition partners, it cannot move the Bill on its own. If the government goes ahead without following the constitutional safeguards, the Bill would be challenged in the courts and the Supreme Court may set aside the bifurcation procedure as illegal and unconstitutional," stated senior advocate Kuppili Muralidhar, who is also the president of the Forum of Legal Professionals, Vizag.
Prof Y Satyanarayana, director, Gitam Law University, said that passing a ministerial note on T is not equivalent to a Bill or Law. "Even if we consider the note as a Bill, the note was not sent to the President who is obliged to refer the proposals to the Assembly. The division of a state takes place either as a political viability or when people of the state demand division, though here it was not the case." he said.
Source: The Times of India
