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PIL against bifurcation of AP rejected

A division bench of the Andhra Pradesh high court on Monday stated that it was premature to adjudicate matters of bifurcation of the state at this time and refused to entertain a public interest litigation (PIL) that sought directions to the Union of India not to introduce the Andhra Pradesh Reorganization Bill, 2013, in both Houses of Parliament.

The bench of Chief Justice Kalyan Jyoti Sengupta and Justice PV Sanjay Kumar was dealing with a PIL filed by GV Rao, resident of Secunderabad, and convenor of Common Man’s Forum, who contended that the draft bill introduced in both the Houses of the AP legislature for expressing their views was not accompanied by the explanatory statement of objects and reasons, financial memorandum clauses and memorandum regarding delegated legislation proposals.

Senior counsels SR Ashok and D Prakash Reddy, who were appointed as amicus curiae in the case, told the bench that the petitioner had asked for ‘declaration’ and not consequential orders and that the PIL was at a premature stage.

Petitioner Rao, who appeared as party-in-person, told the court that the Bill that was recently referred to the state legislature by the President of India cannot be construed as a bill as it is in violation of provisions of Article 3 of the Constitution and also of the “Rules of Procedure and Conduct of Business” in the Rajya Sabha and the Lok Sabha. He alleged that there are deficiencies in the AP Reorganization bill and sought a declaration that this draft bill cannot be construed as bill.

The chief justice said that no one was greater than the Constitution and pointed out that interference in the present case amounted to breach of privilege. The Supreme Court or the High Court would intervene only if the petitioner challenges the lapses, if any, in the procedure adopted by the government on the issue, he said.

Justice Sengupta said that the alleged deficiencies in the bill and its introduction in Parliament is the exclusive domain of both Houses of legislature to look into.

The bench closed the case by terming it premature.

Courtesy by:timesofindia.com

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