Telangana - Resolution in Parliament

Let us see the provisions of the constitution relating to formation of any new state etc. The relevant provisions are :

Article 3.

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.

Explanation I.—In this article, in clauses (a) to (e), "State'' includes a Union territory, but in the proviso,

"State'' does not include a Union territory.

Explanation II.—The power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory.

I have gone through the law books available with me and as per the decisions of the Supreme Court this power of the Parliament is quite wide. But the process itself can not be by passed. So in the instant case, if the Central Government want to divide AP it has to prepare and approve a draft resolution in the cabinet and then send it through President of India to AP Assembly for its view. A reasonable time should be given to AP Assembly to provide its views. Thereafter the views of the resolution along with the views of the AP state Assembly shall be put before Parliament for its consideration. A Simple majority is sufficient for the passing of bill.

Historically when our republic formed there were huge number of princely states etc and entire set up was created by British for their imperial purpose. So a simple process and complete power was given to the Parliament for the reorganization of the state. Further at that time very few of the members of the constitutional assembly members can be termed as a true federal supporters. This is because of the historical background under which they lived wherein the predominant fear of uncertainty and fear of dismemberment of the republic itself. Such fears were invoked by the Delhi establishment whenever some strong regional political force is formed to oppose it.

There are broadly 3 or 4 waves of state reorganization in the history. They are: 

1. On the linguistic basis.
2. Division of Maharashtra and Punjab etc.
3. Various north eastern states
4. Recent division of the 3 states.

Though INC initially agree for the creation of the separate states in early 1900’s it basically went back and opposed the same. They even formed committees for that with Nehru and Patel etc and decided against it. But the desire for the Telugu people to have a state of their own was quite strong and Andhra Maha Sabha was formed in some wherein 1910 (1912?) Huge movement for a Telugu administrative unit was there even before Independence. Mind you this is not to have a nation but to have a state within any India nation. So this movement from the start is the desire of the Telugu people to retain their own unity which was lost when the Kakathiya Empire fell so long back. Though there was unity under Nizam, many may not know that under Nizam one can not speak with Telugu in any public meeting and no Telugu education was given.  So naturally the people wanted to have their own linguistic province.

Yet Nehru was against the Telugu people having a state on simple linguistic basis. When asked by some Press fellows ( Yes this evil was there then also) that when are we going to get a Andra State he famously said “ Is it in my Pocket” When there was no response from Delhi for the demand of a separate state for Telugu people living in Madras province, Sri Potti Sriramulu, a gandhian worker went into hunger strike  till death. Here we need to know something about him. He belong to Nellore and follower of Gandhi. He always used to wear card boards on his chest and back with slogans written against evil things like Untouchablity. Many times children used to through stones on him. Yet he never stopped this practice. He was not a big leader of Congress at that time and held no political positions. He never aspired for them. There was no response from Delhi for this hunger strike and he died after some 58 days. The death of this Gandhian resulted in serious disturbances in the Telugu areas and as a result Nehru had to bend and Andra Rastram was formed with Karnool as capital. Later, when the Fuzal Ali Committee had given its report AP state was formed during the reorganization of the states on linguistic basis.  

The Telangana areas in Hyderabad province were merged into AP and such action had overwhelming support of the then Assembly of Hyderabad province.    The so called gentle men agreement is an agreement between congress leaders of both the sides and no other political parties were involved. Out of the people who are party to them most of them later became CM’s of the AP and PV Narasimha Rao and Neelam Sanjeeva Reddy even became PM and President respectively.   

In this back ground, in case we want to have a separate Telangana state ,Union Government is required for follow up the process as above. Now as per the demands of the KCR and other politicos no resolution will be even moved in the state assembly. Such action will be in violation of the Article 3. If there is any resolution put in the Assembly it will be defeated. If the word is only about the opinion and no resolution even them the opinion will be negative. So basically the Parliament has to disregard the rejection of the AP State Assembly and pass a resolution dividing the state. Such division has no logical reason. With SKC not accepting the development reason, there is no development reason; there is no cultural and linguistic reason. So what will be the reason for the division of the state? I wonder if the division of the state can be made solely for political convenience of the present day political dispensation at Delhi with no regard to the views of the local people who are affected.

If such actions are agreeable then every new ruler with simple majority in Parliament would like to have new states as per their political or looting requirement and we will have new states created all the time either by dividing existing states and merging them into one other. So the entire structure of states will become adhoc and solely dependant on the whims and fancies of people like Rajamata. For example since only a simple majority is sufficient Rajamata to create entire set of states with the places wherein they will be in power. So divide states say like Gujarat where she and her cronies are finding it difficult to come to power and form new state with places which will vote for her gang.  Further whenever some set of politicos become unemployed like Ajit Singh, KCR, and others they take up demands for news states and raise emotions.

But in the case of AP, does Rajamatha has political will to proceed with the division of the state inspite of the opposition from the majority in the AP state?  I don’t think it is there. There is no great benefit to her family with the division and unless she sees something big to gain or she is totally mislead like when happened in December 2009 she will not do it. Remember if she agree to this there will be dozens of similar demands else where and what will happen to make rahul baba PM in 2014?

It is surprising that Telangana vadis are asking for the bill to be put in parliament in the coming Budget Session of the House. It can not be simply done like that. The process involved is already mentioned by me above.  Does there people do not know this? They know it very well and yet lying to people. Most unfortunate.  

 

Telangana agitation - Stupidity and lack of pride in Telugu people

For a long time there was no opposition to Congress in AP. Even in 1977 election Congress won 72 seats in the entire country. Out of that 41 were won by the in AP (which has only 42 seats) only one seat of Ananthapur was won by Neelam Sanjeeva Reddy who later became president.  Indira Gandhi contested elections in 1980 from Medak in Telangana Region and won. But what happen since 1982 Congress was out of power most of the time and humiliated with 26 seats in 1994 elections. The reasons are many like bad governance, political instability during their rule, corruption and mainly their utter disregard to the feelings of the Telugu people.

In 1977 Chenna Reddy became CM of AP.  It is the same Chenna Reddy who wanted to divide the state and have Telangana in 1969. Under him corruption reached it highest point till that date. In about two and half years he was kicked out from CM post and was replaced by Sir P. Anjayya. Anjayya is a down to earth man and like by many people across the state as a person. His manner of speaking Telugu which is rural Telangana was refreshing and his repeated statement that he was a 6 anna kooli in the start and came up by hard work made him lovable and near to public. Though many joked about him but it is more because the liking they had for him and not otherwise. Unfortunately it is during his tenure, one of the least reported (at least in national level) incidents which had a great impact on the state level politics has taken place.

Rajiv Gandhi joined politics and was being treated like a crown prince in waiting. He was also made General Secretary of the Congress party.  He was visiting Hyderabad and P Anjayya who was the CM of the State met him in the Airport. Rajiv Gandhi totally disregarded the fact that he has speaking with the Chief Minister of a Major state insulted him publicly in a very bad manner. Fortunately for Congress at that time there were no Television Cameras at that time. This insult to the State CM was reported widely in AP newspapers (there were no TV’s then) for many Telugu people including to those people who routinely voted for congress during their entire life this was a great insult.

Suddenly every one started to see all the political happenings in the state in a deferent angle. People saw the disgusting manner in which their state CM appointed and removed by sending sealed covers. Every one can see the disregard for the public feelings and administrative requirements in the rulers.  Congress MLA’s waiting at Delhi and Hyderabad like beggars for the Minister posts or even for a mere glance from the High Command is quite a humiliating site. Entire political set up in the state is reduced to a gang of baggers waiting before the Delhi rulers, and people got fed up.

It is this situated which was well utilized by NTR. He started Telugu Desham Party in 1982 and his slogan was “self respect” of Telugu people. It was resonated well with public mood of that time. People simply fed up with 4 CM’s 5 years of congress and full time spent by all the congress MLA’s begging for Minister Posts and quarrelling among them all the time. This has resulted in congress getting wiped out by within 9 months of the birth of TDP in the state assembly elections. 

I had attended one meeting addressed by Mrs. Indira Gandhi in my home town wherein the Congress MP got the highest majority in the country in 1980 general elections and there were only some 3 to 4 thousand people mainly educated class who attended may be as a mark of courtesy to the PM visiting their town. It is in the same ground people stood for 24 hours at a length in their tens of thousands to see NTR.

Congress faced humiliation in elections time and again after that and till YSR won in 2004 Congress has won only one election to assembly from 1983 to 2004. Even then and till date they have not learned to respect Telugu people and then them won one term in 1989 they have once again changed 3 CM’s and were promptly reduced to 26 seats in 1994.

Now Congress once again is playing with Telugu people. It has created TRS to check mate TDP which has a strong base in Telangana so that it can come to power after 10 years. Immediately after elections Telangana was simply ditched. CBN also rank opportunist and promptly allied with TRS and lost miserably in 2009. 

With the death of YSR, the Italian family has appointed Rosayya knowing his age and limitations so that they can control AP with remote from Delhi. Even when KCR done his hunger strike they have by passed and completely disregarded the CM of the state to announce the start of process of forming the Telangana state. The state CM who was traveling back to Hyderabad from Delhi had to know it after it was announced.

When Rosayya who was never meant to be a strong leader as per congress calculations themselves failed to contain the problems in the state he was removed. In fact he was asked to come to 10 Jana path from backdoor and told that he should resign immediately showing health reasons. This is done to a person loyal to the Italian family for decades. 

Now they have appointed Kiran Kumar Reddy who is a speaker and had no previous exposure as CM. This was done when they have other more experience leaders who can do better job. If the news reports are to be believed his name was picked by Rahul because Azar had recommended his name. Let us not forget it is the same Azar who with his mafia gang connections neck deed involved in match fixing and banned from Indian Cricket for life. Now he is Congress MP from UP.  Kiran Kumar Reddy a former Ranji player from Hyderabad had played with Azar and both are friends.  So on Rahul Baba selection he was appointed. If Indian Cricket selectors are jokers then what shall we have to call Rahul?

Is this the manner the state CM is elected by legislators and that too at such a serious situation? Does Delhi care for AP state, Telugu people and their development?  Surely not. In 1 and ½ years we have 3rd CM for the state. And already there is a talk of changing him and bringing a Telangana CM. If it happens then that person will be 4th CM in two years. The only Congress CM who finished 5 year term in my memory is YSR. I don’t think any one from AP can even remember the name of other congress CM last did it.  Are we so weak that we can not even have a single CM for five years.

In 2009 Congress won 33 out of 42 MP seats in AP, mostly because of YSR and his gang “management” skills and his popularity.  Yet no importance was given to AP in any situation. But there is only one Cabinet minister from AP. No important ministry is held by any Telugu man or women now. When compared to Karnataka (congress got some 4 searts there) and Tamilnadu the power in the hands of Telugu people in Delhi is nil. Earlier this condition may be a deliberate thing on the part of YSR (Similar thing done by Chandra Babu Naidu when he was supporting NDA who prevented any one joining central cabinet so that no one challenge his grip) Yet with no presure from such leaders also same conditions continue today also.

Congress leadership should have tried to grow some leaders from the state. But the Italian family always keep AP congress men and women in the begging conditions.

Even in the resent cabinet formation Congress MLA’s begging in Delhi once again for minister posts. This was happening when the state is undergoing serious cyclone, heavy and untimely rains and farmer deaths etc.  In such a bad conditions the present CM was in fact busy attending Congress plenary at Delhi.

I felt happy seeing the revolt in the Congress MLA’s and MP’s of Telangana region (and also in TDP) and subsequent backtracking by Delhi bosses showed to AP Congress gang that they need not be always beggars before High Command. The failure to contain and retain Jagan for whatever reasons, his revolt and fear shown by Delhi in taking action against him showed every one that if the local leaders with popular issues can put pressure or even defy High Command.  This should have at least installed courage in all the MP’s and MLA’s from Telangana areas. Still the congress MP’s reportedly wept, fell on the feet of Pranab Dada.

See the link

http://www.indianexpress.com/news/weeping-mps-fall-at-pranab-feet-give-us-telangana/733998/0

At the feet of Pranab Dada and hugged his feet with folded hands and weeping eyes. Even Madhu Yashki who all along very agreesive in abusing all the non Telangana Telugu people wept. It this the pride and confidence of the leaders who gave insulting words on all non Telangana people ? What was the need for them to beg before the feet of Pranab Baba or any one like that? Don’t they have confidence in their so called cause and public support it enjoys.

The reality is none of these people have any public following and but for Congress party and more importantly YSR popularity none of them can even win a municipal counsel seats. 

Here also the bad condition of our leaders  of the INC is evident. Should they be  reduced to this kind of helpless condition. The Home ministry knows that they are not going to give Telangana. I am sure the present governor has given clear report on the security implications on the division of the AP long back. When they know about this for some time why they have not asked their MP’s and MLA’s to tone down their rubbish talk so that they dont made look like fools by their own party.  What is the need for INC to kick Jagan at this critical period when they know that he controls a powerful financial and goonda empire with lot of support from general public. Is reduction of Jagan’s influence is so important to INC at this stage when serious agitations on division of the state and for united state going on. Cant they keep at least their own leaders united.  

Almost every political party in AP is behaving like this. It is disgusting for us to see Bandaru Datthathreya a former BJP central minister sitting long with the Naxal traitor Gaddar and singing the same tune. Is this level Telugu leaders of the BJP which is suppose to have some principles stoop for some imaginory benifit under a new state which may never come into being. Can they be trusted to fight naxals tomorrow if Telangana is given ?  True that BJP stand for small states but they also divided the states when every one agreed for the same. Here there is no such condition. Why are not recommending for division of Gujarat now ? Why they have kept quite about Telangana during NDA rule. The support to Telangana is only done when its benefits to them.

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CBN is not so innocent here . It is his pact with KCR and change of long held stand on united state is responsible now for his pathetic state.

Just like JP said on the other day none of the Telugu political leaders children are disturbing their life and educations for this agitation. Then why any other people should do any agitation? When these people can not win 10 seats seriously out of some 50 contested by them should we accept they have public support for their demand and follow them?

In fact now other than naxal infested Art college people who continue there on scholarship funds none of the common and serious students are involved in the agitation in the first place. They don’t have time for this kind of irrelavent ideas. Telugu people lost 2 years of development work. Let us stop this stupidity and get on with development of the state and Telugu people. We all know politicos lie all the time. Why should we believe them now?  

Telangana and Sri Krishnam Report - Uncertainity Continue

Justice Sri Krishna Committee which is not a commission under Commission of Enquiries Act, but an internal Home Ministry committee has submitted its report in time as promised to the Ministry. Though we do not know what they have reported we must congratulate them on a time bound action. The Home Minister has arranged on 6^th Jan 2011 and called all the local political parties in AP for consultations. It is inconceivable that Congress leadership does not know what is there in SK Report now. So this attempt to listen to the local political opinion afresh without even giving the report in to them advance or without allowing them time to think about the report seems to be an idea to put blame on what ever happens on local parties like TDP. It is quite strange that the political parties from AP will not have any time to study and react to the report which will be voluminous.  One more thing is to call two people from each party which will result once again in division of the opinion.

One wonders if Chidambaram and Congress are once again playing too smart like December 9^th for their own good.  If the Home Minister and Congress want an alibi to take any decision he is not going to get and political parties from AP are not going to provide that to him. Already KCR and TRS made clear that will not be attending this meeting. KCR obviously don’t want to be part of consultations which may end up not giving Telangana state. If Telangana is not given now he can take a high ground in any future agitation and elections by not taking part in the present consultations. Already Telengana leaders from TDP are urging their party to boycott the meeting. PRP is saying that only one person from each party should be called. So the meeting on 6^th Jan 2011 may not even be attended by important factions.

Present government in AP may last till some decision by Congress on Telangana or till it enjoys pleasure of Jagan.  Jagan is waiting for a suitable time for successful action of removal of AP Government. But he will prefer it to fall on its own and if Congress accepts formation of Telangana without clear SKC report then that will provide required pretext to his supporters to quite their seats in the assembly thereby bring down the government in AP. He may or need not stop at that. We need to remember Non-Telnagana regions have 22 Congress MP’s in Lok Sabha whereas Telangana region got just 11 Congress MP’s. This 22 will be under threat from public and will be forced to quite due to public pressure and Delhi Government may fall as a result. Jagan may force this matter at least to teach a lesson to Congress for continuous attacks on him from the old retainers of the Italian family. Even today V H Hanumatha Rao attacked Jagan and insulted him on TV.

There are also reports that Sharad Pawar is trying to mediate between Congress central leadership and the Jagan group now.

The division of the state requires resolution from the AP assembly. The constitution says that it is required to obtain the opinion of the house which in turn means voting. Naturally any resolution for the division of the state will be defeated in the assembly. It may not be compulsory for the Parliament to accept the decision of the state assembly and Parliament can decide for the division against the wishes of the state assembly.

But here is on clear catch. The division may also end up in Supreme Court. It had held at the time of the Gujarat state formation that the consent from the State Assemble is not compulsory and only its opinion is need and state can be divided against the wishes of Assembly. But this very old position is taken when the center government is more unitary in nature and the India was still under formation. The division of united Maharashtra State was on the basis of language and all over India such states were formed at the same time. So there is some basis for the division of the state. The present constitutional condition is towards more federal structure and there is no pan Indian basis or rule under which Telangana can be given. So any case before Supreme Court may not be an open and shut case and Gujarat decision may even be reviewed by it. More important thing is the basis of the division of the state. SKC may provide some basis for division. But if it does not, then how can the Union Government justify the division of the state in any court.  If the court asks - What is so special about Telangana when such demands are there everywhere in the country? – What answer Delhi can give?