objections with regard to Division of State of Andhra Pradesh. Reg., The proposed division of state of Andhra Pradesh is against to the provisions of the Constitution and well established conventions which are having same force as articles of constitution under law. The government of India under the guise of forming new state is asking the citizens of Andhra Pradesh to quit ten districts more particularly twin cities Hyderabad and Secunderabad but not the formation of new state. Previously also existing capital of state has not been given to new state which is to be formed and in the proposed division only the contra is being proposed. Previously when new state is formed including at the time of formation of state of Andhra [when Andhra is separated from Madras] or Andhra Pradesh [when 10 districts from Hyderabad have been included] a special resolution from the State Assembly has been passed and now without any such resolution from the State Assembly no new state can be formed. The Honorable group of ministers is fully aware that Andhra Pradesh is the first linguistic state in India which has been constituted after the report of the first States Reorganization Committee and by way of special resolution passed in State of Andhra as well as Hyderabad. Therefore no division can be made without resolutions of State of Assembly much less without any reasons. Under Article 3 of the Constitution of India no power has been given to Parliament to bring status quo anti i.e. to take away the districts which are already merged in State of Andhra Pradesh by way of special resolutions passed by each state prior to merger under the guise of formation of new state. Therefore the proposal of the Government of India to form Telangana State is against to the provisions of the constitution. Previously no new state has been formed in India without a resolution from the respective state Assembly and as per the previous convention also the present proposal of the Government of India to form new Telangana State is opposed to law. There was an agitation for Separate Telangana in the year 1969 and separate Andhra from Telangana in 1972. The Government of India subsided the two agitations and the then Prime Minister Indira Gandhi’s stand on Telengana. Addressing Parliament on December 21, 1972, she said, “I stand very firmly for an integrated state, thinking that just because you are separated, you can get rid of these people or we have got rid this problem is a very facile way of thinking. Our experience has not shown that this comes true”. She added, “There is no state in India which does not have backward areas. Relatively backward and advanced areas exist not only in all states but in different regions of the same state. In Andhra region many members have drawn attention to areas such as Rayalaseema and Srikakulam. The Telengana region may be a backward region but it does have better-off areas”. Indira Gandhi said that only backwardness cannot be the reason for the formation of small states. She observed, “Merely because an area is comparatively backward is not reason enough for taking drastic or irreversible decisions. Where will this process end? … Where does anyone draw the line? Will each district want to be separate? … Do you go back to the old, very small states, princely states; do you go back to that? … You cannot just say that because of backwardness there should be division.” With this object only formulated 6 point formula and with an intention to keep Andhra Pradesh unite and to protect the regional rights in Telengana and Andhra regions of State of Andhra Pradesh amended the constitution by way of 32 amendment and to keep state of Andhra Pradesh United. The aims and objects of the 32 Amendment to the constitutions clearly say that the amendment is necessitated to keep the State of Andhra Pradesh united. When such is the situation, there is no need to divide the State of Andhra Pradesh and much less without amendment of Constitution of India. For 6 point formula framed by the Government of India, all regions have given consent. Since consent has been given now it cannot be said that there is agitation for separation of State of Andhra Pradesh since last 60 years. Further articles 371 D of the Constitution is having over riding affect on the other provisions of the constitution of India which says that “The provisions of this article and of any order made by the President there under shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force’ Therefore the powers under Article 3 of the constitution of India cannot be invoked and State of Andhra Pradesh cannot be divided without amendment to Article 371 D of the constitution. In the T Note it has been alleged that the Government of India proposed to form new State since there is long demand for establishment of Telangana and also all political parties gave letters of consent for division of State of Andhra Pradesh and in view of the All Party meetings held by Home minister considering the same, Government of India decided to for New State. It is submitted that in India demand for formation of separate states in Maharashtra, Tamilnadu, West Bengal, Uttar Pradesh and Madhya Pradesh are older than demand for Telangana State. Letters given by the Political leaders in Andhra Pradesh are beyond their powers since no political party passed a resolution for division of State of Andhra Pradesh. No political leader before giving a letter consulted the people of different area and obtained necessary information. Even in the joint meetings there is no consensus ad idem with regard to the division of the state in each party and therefore representatives from two areas have been sent. Even by the date of T. Note, C.P.M and M.I.M is also opposing the division. Now Y.S.R. Congress opposed the division. Further B.J.P as well as Telugu Desam party are opposing the division of State in a hurried manner and in the present situations. Not only that the reasons for division given are not valid under law. It is submitted that Uttar Pradesh government passed a resolution for the division of State of Uttar Pradesh into 4 states and even adverting to the request, the government of India has no special reason to divide the state of Andhra Pradesh only except for political reasons. At first Telangana people tried to contend that there is no development of Telanga area than other districts. The same became false in view of the report of the Sri Krishna and when it is so, why there must be division. Further to avoid the same only Article 371 D has been provided in the Constitution and therefore also there is no need for division. To obtain the views of entire Andhra Pradesh and also to consider the possibilities of the State of Andhra Pradesh, the Government of India appointed Sri Krishna Committee and after recording the views of large number of persons, statistics with regard to developments in each districts, problems that will be faced if division is made submitted a report. The same has not been put to discussion in the Parliament or before State Assembly and it has not considered the best suggestion out of 6 suggestions given by Sri Krishna Committee. Further the division will create great loss of exchequer to India. The Government of India is expressing that package will be given to Residuary State of Andhra Pradesh to build capital etc., When the present financial situation in World itself is in crisis and Rupee value of India is also in crises, why there must be heavy burden on the government of India. Further the division will create problems in sharing water and electricity. If the division is made, residuary state of Andhra Pradesh will not get accustomed supply of water to raise crops. The lands in residuary state of Andhra Pradesh at present are fertile and two crops are being raised since very long time. If Telangana state is formed there will not be water for first crop also since the water to residuary state of Andhra Pradesh has to flow from proposed Telangana area only. It is very easy to contend that Tribunals will be formed to resolve the dispute, but it is submitted that it will consume length of time and there will be strong impediments in execution of the orders. Without specific understandings if state is divided an nrest will be created. The Cabinet note mentions that Hyderabad will be the state capital for both states for a period of 10 years. Under constitution such a situation has not been recognized. Further there will be lot of administrative, law and order problems besides inconvenience to both states. There will not be any chance for creating a joint capital for two states. Apart from that it is well known fact and all the people including people at Telangana are also admitting number of people from entire Andhra Pradesh were shifted to Hyderabad and settled there and they have made investments at Hyderabad. It is also well known fact that the lively hood for several people relating to residuary state of Andhra Pradesh will be put to stake if division is ordered. Though several promises are making by the Team of Cabinet that they will provide adequate security but even affecting partitions now itself things are badly changing. If you have honor may consider the following instances truth will come out. What are the ideal in the minds of Telangana Leaders. It is well known facts the Non Government Gezeted Officers (NGGOS) have given a strike notice and literally they did it. During the strike period the Telangana leaders threatened them by saying if they want to as state of for united state first they should quit the Hyderabad by saying as if it is (Hyderabad) purely belongs to them. The proposed division will also create hurdles in Polavaram Project which government of India is promising that it will be taken as national project. If the state of Andhra Pradesh is divided there is every chance for law and orders problem in the Telangana Area. Even at present number of extremists and naxalites are taking shelters in Telangana area. Most of International extremists are also having basis in Telanaga Area. Not only that the TRS Leader gave a public statement by saying that they adopt Maoists (which is a prohibited political party) Agenda. If the division is not ordered is every chance for crub the acts of extremists etc., There will be problems in Industries since the small scale industries will be forced to pay double taxation i.e. tax in residuary state of Andhra Pradesh as well as Telangana since major industries are situated in Telangana Area and raw materials have to be procured in residuary state of Andhra Pradesh. There will be number of problems with regard to distribution of Electricity since the demand and manufacturing are not equal. There will be number of problems with regard to division of assets and liabilities. It is very clear that number of liabilities are made by the composite state for improvement of Telangana Area and its projects by hypothecating and mortgaging the properties situated in residuary districts of State of Andhra Pradesh. There will be number of problems with regard to sharing of officials and staff working in joint state of Andhra Pradesh. Number of people from residuary state of Andhra Pradesh developed Hyderabad and numbers of persons are residing in Hyderabad and Telangana area, and if they have been asked to go away there will be number of problems. Hyderabad became an important international city and in India. If the same is included in Telangana area, the people of residuary state of Andhra Pradesh will be put to great loss. Number of central institutions of education are situated in Telangana area and if state is divided people of residuary state of Andhra Pradesh will loss their opportunities. The taxation from Hyderabad is more than any other area and in particular with the residuary districts of Andhra and residuary Rayalaseema and therefore no division can be made. Considering the above aspects, it is very clear that formation of new state is not possible. Therefore we request you to recommend to the Government of India to reconsider the cabinet note with regard to the bifurcation of the state and keep the Andhra Pradesh with 23 districts united.
Posted on: Mon, 04 Nov 2013 14:06:24 +0000
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