‘Parliament alone has powers to create a new State under Article 3 of Constitution’
‘Technically, Assembly resolution will have no bearing on Parliament decision’
The formation of Telangana State will become possibly only when Parliament adopts a Bill to amend the Constitution and a resolution in the Assembly will not serve much purpose, say legal experts. Though the State government has been asked to adopt a resolution on Telanaga State, it is not mandatory to pave way for Telangana. The resolution either in favour or against it will not be binding as Parliament alone has powers to create a new State under Article 3 of the Constitution, they say.
President may refer the issue to the State being reorganised and seek its resolution. However, technically, the Assembly’s resolution either in favour or against Telangana will have no bearing on Parliament’s decision taken on the basis of Article 2 and 3 of the Constitution.
While Article 2 states that Parliament may by law admit into the Union or establish new States on such terms and conditions as it thinks fit, Article 3 refers to formation of new States and alteration of areas, boundaries or names of existing States.
He recalled that Uttaranchal and Jharkhand were carved out of Uttar Pradesh and Bihar though the respective Chief Ministers opposed the proposal and the BJP-led NDA government had enough backing in Parliament to pass the Bills. Creation of Telangana involves only an internal re-arrangement of territorial re-fixation of boundaries.
Telangana State was a very legitimate demand of Telangana people pending since 1956 and the decision to initiate political process for separate State would not be decision of Congress president Sonia Gandhi but that of Parliament. The Union government recognised the political will of the people of Telangana and the issue could only be debated in Parliament and not dictated by those outside Telangana with vested interests in the region.