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All eyes now on All Party meeting on Telangana

January 4, 2010

The Central Government is examining a proposal to seek Presidential reference to the Supreme Court under Article 143 of the Constitution to find a legal opinion to the demand for Telangana State. In its perception, the issue is not only a political problem but also a legal one by the government alone. As a part of consultation process, the Centre is likely to discuss this proposal at Tuesday's meeting with eight recognized political parties and take their views.

According to reliable sources, the Central Government obtained legal opinion from a senior law officer whether the Telangana demand could be considered afresh. The SRC has rejected such a request in 1955 and many States were formed on the basis of the language spoken in the region, it was pointed out. The legal opinion was that as Andhra Pradesh was formed as Telugu speaking State, dividing it into two or three States might pose several legal questions like whether the state could be further be divided when no new facts had emerged except for the fact that some political parties were resorting to agitations in support of their demand. It further pointed out that the SRC report among other things, went into the problems of Telangana and Andhra Region and the arguments for and against the merger of the two regions came to the conclusion that there was no need for further division of Andhra Pradesh.

According to Article 143 of the constitution says, 'If, any time, it appears to the President that a question of law of facts has arisen, or is likely to arise, which is of such a nature and such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, (he or she) may refer the question to that court for consideration and the court may, after such hearing as it thinks fit, report to the President is opinion there on'.

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