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Sunday, October 22, 2017

ARE THERE TWO ANDHRA PRADESH STATES IN INDIA?

Even after division of State of Andhra Pradesh by Indian Parliament into two states, there again remained the state of 'Andhra Pradesh as a whole' as per the Article 371 D of Indian Constitution..

Amid several controversies ‘The Andhra Pradesh Reorganization Act 2014’ has been passed by the Indian Parliament and approved by the President of Republic of India for creation of “Telengana” state as 29th State of India by dividing the existing State of Andhra Pradesh. And the “Telengana” state officially comes into existence from 2 June 2014 onwards.

After 2 June 2014 the districts viz., Adilabad, Nizamabad, Karimnagar, Medak, Warangal, Rangareddy, Nalgonda, Mahaboobnagar, Hyderabad, and Khammam (excluding those Revenue villages of Burgampadu Mandal and Seetaramanagaram and “Kondreka’ villages of Burgampadu Mandal of Khammam District) will constitute ‘Telengana’ State with a geographical area of 1,14,840 Square Kilometers (there will be little decrease in geographical figure after deletion of measurements of the said villages from Khammam District), getting bifurcating from the existing state ofAndhra Pradesh which is having a total of 2,75,068 Square Kilometers. After 2 June the residuary/successor State of Andhra Pradesh consisting of 13 districts of Rayalaseema and Andhra regions (including those Revenue villages of Burgampadu Mandal and Seetaramanagaram and “Kondreka’ villages of Burgampadu Mandal of Khammam District) having 13 districts will have a geographical area of 1,60,228 Sq.,km., (there will be little increase in geographical figure after addition of the said villages). This is the geographical structure of the states of ‘Telengana’ and Successor State of ‘Andhra Pradesh” after enactment of the Andhra Pradesh Reorganization Act 2014.

So, after enactment of ‘The Andhra Pradesh Reorganization Act 2014, the 1,14,840 Sq.km., Telengana region will be known as ‘Telengana’ State and the 1,60,228 Sq.,km “Seemandhra’ region will be called successor state of “Andhra Pradesh “. And the newly formed ‘Telengana’ State will be the 29th State of India from 2 June 2014 notified date.So these two states existence is apparent by their geographical measurements. And those two states will be having their specific geographical measurements after 2 June notified date.

But, even after following this legitimate Constitutional process by the Parliament according to Article 3 of the Constitution for the creation of 29th State of India i.e. Telengana, by dividing the existing State of Andhra Pradesh, there again remained the state of Andhra Pradesh with the geographical area of 2,75,068 Square Kilometers as per the Article 371 D and 371 E of the Indian Constitution.

The Indian Constitution is still carrying the State of Andhra Pradesh through its Article 371 D and 371 E more specifically through 371 D (1) of the Constitution emphasizing the words “the President may by order made with respect to the State of Andhra Pradesh provide, having regard to the requirements of the State as a whole ………..”state as a whole means the state having a geographical area of 2,75,068 Sq.,km. Article 371 F of Constitution authorizes the Indian Parliament for establishment of a Central University in the State of Andhra Pradesh, the state that is referred in Article 371 D of Constitution, which is having similar geographical meaning.

Now the question arises after enactment of the Andhra Pradesh Reorganization Act 2014, how many Andhra Pradesh states are there in India? According to my mathematics there is the Successor State of Andhra Pradesh having a geographical area of 1,60,228Sq., km as per the Andhra Pradesh State Reorganization Act 2014, and a State of Andhra Pradesh as a whole as per the Article 371 D of the Constitution of India which is having a geographical area of 2,75,068 Sq.,km.

Now the big question is, after 2 June 2014 onwards the successor state of Andhra Pradesh will be shown with a geographical area of 1,60,228 sq., km in the new maps, academic books and in all other official correspondences, as per the Andhra Pradesh State Reorganization Act 2014.But, who will show me and to other laymen like me, the State of Andhra Pradesh “state as a whole” which is having a geographical area of 2,75,068 Sq.,km that is mentioned in the Article 371 D (1) of the Indian Constitution.

Similarly, if the Indian Parliament upon the demands like common man like me, wants to establish a Central University according to Article 371E of Indian Constitution in the State of Andhra Pradesh (the geographical state having the meaning and measurements by the time of insertion of Article 371E) where the Central University would be established in the state having a geographical area of 2,75,068 Sq.,km as intended by the Article 371E of Indian Constitution.

By both the Articles 371 D and 371 E the state of Andhra Pradesh means, the Constitution never meant and never had the intention of a statehaving geographical area of 13 districts Andhra Pradesh state. So the Successor State of Andhra Pradesh that is meant in the Andhra Pradesh Reorganization Act 2014, can not be compared with the geographical State of Andhra Pradesh that is intended in Article 371 D and 371E of Constitution of India.

Some Legal experts and academic pundits are showing Section 95 of Part XI and Section 97 of Part XII of the Andhra Pradesh Reorganization Act 2014, saying that Article 371 D of the Indian Constitution is amended by the Section 97 of the Andhra Pradesh Reorganization Act 2014, and there is no need to follow/invoke again the Article 368 of the Constitution for the Amendment of, or amendment of any provisions of Constitution. So the word of State of Andhra Pradesh as meant in Article 371D or 371E of the Constitution must be understood in the light of Sections 95 and 97 of Andhra Pradesh Reorganization Act 2014. Alas what an interpretation.

In fact, any amendment to the provisions of the Constitution must be made through the procedure established in Article 368 of the Indian Constitution, which apparently says in Article 368(2). An amendment to the Constitution may be initiated only by the introduction of a Bill ‘for this purpose’ in either house of Parliament ……… in this “for this purpose” means a Bill solely for the purpose of the proposed Amendment to the constitutional provision, but not intended for any other purposes. But so surprisingly the Article 371 D of the Constitution is amended through the Andhra Pradesh Reorganization Bill 2014, though Article 3 of the Constitution, which is intended for the purpose of division of State of Andhra Pradesh, and not for the purpose of Amendment of any provision of the Constitution. Sections 95 and 97 of Andhra Pradesh Reorganization Act 2014, through Article 3 of the Constitution, seems to have intruded into the purview of Article 368 of the Constitution of India and Amended the Article 371 D of the Constitution, giving raise to new controversies.

So the big question is, whether the Sections 95 and 97 of Part XI and XII of the Andhra Pradesh Reorganization Act 2014 brought through Article 3 of Constitution can change the geographical meaning of State of Andhra Pradesh as intended and meant in the Article 371 D and E of Constitution of India without invoking Article 368 of the Constitution? Is it legally valid if it is done so? Until then the controversial confusion of existence of two states of Andhra Pradesh remains in the minds of common man of this country. By dchaitanya.



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dchaitanya is a writer for BrooWaha. For more information, visit the writer's website.
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1 comments on ARE THERE TWO ANDHRA PRADESH STATES IN INDIA?

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