The Supreme Court today dismissed a PIL under Article 32 filed by me and advocate Pratima Pandey for statehood of Delhi and Puducherry. After hearing our counsel Asok Pande, the Bench consisting of Chief Justice P. Sathasivam and Justices Ranjan Gogoi and N V Ramana said that the matter might be heard if some person from Delhi brings it before the Court. The petition said that the Constitution of India talks only of States and Union Territories. Unlike that, Articles 239A, 239AA and 239AB of the constitution introduce such features which give the Union Territories of Delhi and Puducherry shape of a State. Thus Chief Minister, Council of Ministers and Legislative Assemblies are provided for these UTs but unlike the States, they are appointed by the President though they aid and advice the Lieutenant Governor. we had said that this dichotomy results in inherent contradictions making these UTs de facto a State and de jure a UT, going against the concept of basic structure of federalism as enunciated in Keshavanand Bharati case (1973) and Kuldip Nayar case (2006), and had prayed for quashing Articles 239A, 239AA and 239AB of the Constitution and placing Delhi and Puducherry in the list of States.
Posted on: Fri, 28 Mar 2014 11:52:01 +0000
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