YSR Congress Party chief YS Jagan Mohan Reddy has written to President Pranab Mukherjee requesting him to direct the Government to immediately withdraw the decision taken on bifurcation of Andhra Pradesh.
"The Union Cabinet, which met on October 3, took the decision to create Telangana state with Hyderabad city included therein. They have not spelt out the basis for such a major decision. Apparently, the Government does not have in place any policy for creation of new states under Article 3 of the Constitution of India," he wrote in the letter to President Mukherjee on Monday.
"It is perplexing as to how, in the absence of any policy for creation of new states, the Union Government could initiate the process for creation of Telangana state by bifurcating Andhra Pradesh," he added.
He further wrote that the only Committee that the Union Government had appointed on the subject of creation of Telangana viz Justice Srikrishna Committee had recommended in unambiguous terms, that Andhra Pradesh is best kept united in the larger interest of all the three regions of the State.
"Unfortunately, the present action of Union Government for creating Telangana not only does not conform to any of the established conventions and practices but also goes against the recommendations of Justice Srikrishna Committee, which recommended that the best option is to keep the state united. So, the decision of the Union Government on October 3 is arbitrary, and is therefore ultra vires the Constitution," he said.
He also wrote that Article 3 empowers Parliament to create new states on the reference from the President.
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"The power vested in the Central Government under Article 3 of the Constitution is only an enabling power, the exercise of which has to conform to the principles of rationality, transparency and objectivity and the decision should be intelligible, and must be capable of being applied in the same way in all similar cases," he said.
"All the states that have been created so far under Article 3 of the Constitution in the country are on the basis of recommendation of a Commission like the SRC or a Report of a Committee like that of JVP Committee or Dar Committee or Wanchoo committee or upon receipt of a request from a State assembly. These are the established conventions," he added.
He also said that the Union Government's decision is without any valid basis and is purely on narrow political considerations and is therefore unconstitutional.
