HC dismisses plea against bifurcation

 Finding fault with the petitioner for trying to link two unrelated issues (Article 3 of the constitution and the special provision 371D ),the AP high court on Tuesday dismissed a public interest litigation plea that wanted the court to rule that the Centre has no power to bifurcate Andhra Pradesh in view of the special provision 371-D in the constitution.The HC also made it clear that it has no power to interfere in the constitutional powers vested with Parliament in this regard. The petitioner,P V Krishnaiah,had contended that as long as there was Article 371-D,which was specifically inserted in the context of formation of AP in 1956 and provides for setting right regional injustices,the Centre cannot invoke Article 3 to bifurcate the state.The division bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice KC Bhanu brushed aside the argument and said it is an exclusive power of the President of India to exercise the power.It is Parliament alone that can act in accordance with the power exercised by the President in so far as bifurcation of a state is concerned,the bench said.

As for the petitioner's contention that the Centre cannot exercise its power under Article 3 as long as Article 371-D is in force,the bench clarified that Article 371-D was a special provision made for the purpose of AP giving protection in the fields of public employment and education,specifically for areas covered under the state.Article 371-D has no nexus or bearing on the operation of Article 3 as the latter functions in a different spectrum,particularly dealing with bifurcation and formation of a state.Therefore,the contention is devoid of merits,the bench said and dismissed the plea.
(Source-toi)