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Hon'ble Chief Justice, Supreme Court, India: A.P.State Re-Organization Bill, Whether Constitutional or Otherwise?

Hon'ble Chief Justice, Supreme Court, India: A.P.State Re-Organization Bill, Whether Constitutional or Otherwise?

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This petition has been created by Dr. V. and may not represent the views of the Avaaz community.
Dr. V.
started this petition to
Hon'ble Chief Justice of India, Supreme Court, India.
Arbitrary division of Andhra Pradesh State without any scientific basis is a dangerous phenomenon and lead to disintegration of India. Hence the petition.

March 2, 2014

To,
The Hon’ble Chief Justice of India
The Supreme Court of India.
Tilak Marg,
New Delhi-110 201 (India)
PABX NOS.23388922-24,23388942-44,
FAX NOS.23381508,23381584,23384336/23384533/23384447
e-mail at : supremecourt@nic.in

Hon’ble Chief Justice of India,

Sub: Andhra Pradesh Re-Organization Bill – Constitutional Violation

Ref: Notification of Home Ministry with regard to Notified Date of Division of Andhra Pradesh & Presidents Assent to the Andhra Pradesh Re-Organization Bill.

Respondents

1. Union of India, Through secretary, Ministry of Home affairs, Shastry Bhavan, New Delhi

2. State of Andhra Pradesh, Through chief Secretary, Secretariat, Hyderabad (A.P.)

The Petitioner most respectfully Showeth:
1. That Petitioner, citizen of India & by profession an __________, is hereby filing this complaint / petition in the interest of the general public and the facts are not being repeated for the sack of brevity which can be read over as part and parcel of the present application.

2. That the petitioner has a good prima facie case in his favour.

3. That a serious constitutional question arose to be decided by this Hon’ble court in the interest of the general public which is as follows:-

a) Whether Art.3 empowered the President of India to recommend a bill against the proposal/Resolution of the state assembly?

b) Whether Art.3 and its proviso is mandatory or not?

c) Whether Art.3 and Art.4 empowers the legislative to constitute a joint capital without any amendment to the Constitution of India as there is no explicit provision of joint capital in the Constitution of India?

d) Whether power/subject/rights of a state conferred via constitutional amendment (371-D) can be changed/effected or taken away without constitutional amendment?

e) Whether President of India is duty bound or not to apply his mind to consider state legislative house and council decision (which rejected the A.P.Reorganization Bill-2013) prior of giving his recommendation for sending bifurcation bill of the said state in to the parliament for approval?

f) Whether any changes can be done without constitutional amendment under Art.368 which effect subject matter belongs to the union /state list provided under 7th schedule within special power under art.371D & 371E of the constitution of India?

That State of Andhra Pradesh is one of the special state which enjoys special statutory powers & Provisions under Art.371 & 371E within seventh Schedule of the constitution of India since 1.7.1974 via s.3 of (32nd ) constitution amendment Act, 1973. Without any Constitutional Amendment the Andhra Pradesh Reorganization Bill, 2013 has been passed by both the houses of Parliament.

That cause of Action arose to file present petition as the petitioner on 2nd March 2014 came to know that the President has given his consent for the Andhra Pradesh Reorganization Bill, 2013 and the Home Ministry Website exhibits the Notification of President’s Assent to the bill and notified date for the same announced as 1st March 2014.

As the Appointed Date for the implementation and Formation of New State of Telangana is still pending for the said Appointed Date, the petitioner feels that this is the appropriate time, the Hon’ble Chief Justice consider the present Petition and clarify whether the Andhra Pradesh Reorganization Bill, 2013 is Constitutional or Otherwise.

Please consider this petition as any bifurcation /changes in the systems of a state effect life and liberty of the resident of the said state. It affects regular life and livelihood and some time life too. It affects fundamental right of a citizen of India to secure their life which cannot be affected via political action as it effect employment and sometime security/threatening to him and his family members. It also leads to serious threat to the nation. It must be stopped. It is beneficial to the politicians only but not to the general public.

That the subject matter belong to the future, prosperity, integrity as well as security of the life of the Billions innocent citizen of India which is in danger under political greed of few politicians and if they succeed it may attack even upon the union aspect of the country. Today they are germinating seed for bifurcation for their small Kingdome for creating a small state to run/control easily tomorrow it may turned up for small size of various part of the country.

In fact to avoid their failure /incapability to run administration/state, they are demanding now small state which will be extra financial/political burden, insecurities to the life and future of the common public from various factors i.e. financial burden, terrorist etc., which could not be handled/controlled till date by the present so called leaders. Small state is another serious dangers for the Union of India specially Sardar Patel who re-organized more than 1548 small Kingdome/state of the Indian continent in to a larger country as a Union of India. Unity is the best while bifurcation is a death of unity.

However considering future gravity of attacking upon Unity of national concept constitution provides strict control to check such negative actions Within Art.3 read with Art.368 of the constitution of India as follows:-

a. “Art3. Formation of new States and alteration of areas, boundaries or names of existing States.—Parliament may by law—

(a) form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(e) alter the name of any State:

Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.

4. That under Art.368. Power of Parliament to amend the Constitution and procedure therefore.—

(1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.
(2) An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill:
Provided that if such amendment seeks to make any change in—

a. article 54, article 55, article 73, article 162 or article 241, or
b. Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or
c. any of the Lists in the Seventh Schedule, or
d. the representation of States in Parliament, or
e. the provisions of this article,
f. the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States by resolutions to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent.

5. However despite defeat of said bill in the house for the personal political interest present executive politicians holding power in hand, have introduced it in the house in February 2014 last parliamentary session of the country, as parliamentary election are to be held in the month of April/May and within this month election commission will announce election gazette/notification for this.

6. The said bill was placed via simple resolution in the House without adopting constitutional amendment within Art.368 read with Art.3 provision of the constitution of India. Hence present petition to decide constitutional question, Law and endanger terms for life & liberty of the citizen of India being played by the politicians for their personal interest and against the constitution and life and liberty of the citizen of India. Brief facts are revealed to the petitioner are as follows:-

PRAYER

Therefore within the aforesaid facts and circumstances this Hon’ble Court be pleased to issue ex-parte stay against the respondent no.1 prohibiting them from putting Andhra Pradesh Reorganization Bill, 2013 in motion and implementation pending finalization of the Constitutionality of the Same by the Hon’ble Supreme Court of India.

And pass such other order or further orders, as this Hon’ble court may deem fit and proper under the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER AS ARE DUTY BOUND SHALL EVER PRAYS.

Drawn, settled & Filed by: __________________
Address:


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