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Why Telangana Bill can’t be stopped by delaying assembly session!

The media is agog with rumors that CM Kirankumar Reddy is scheming to delay assembly session and thereby delay discussion on Telangana draft bill. By delaying the discussion and response to Centre, our media seems to think the Telangana bill can be stopped from being tabled in the Parliament. As with their previous rumors, this is a baseless rumor. The President would give stipulated time (in this case its 2 weeks as mentioned in national media) to the State assembly to convene and refer the bill he sends. No matter what the assembly does in that period, the President can assume that the assembly has referred to the bill at the end of that stipulated period and the rest of the process is continued as usual. Here is the Article 3 of Indian constitution which clearly states this -

3. Formation of new States and alteration of areas, boundaries or
names of existing States.—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.

The provisions of Article 3 have been clearly explained in the court case of Babulal Parante v. State of Bombay, 1960 AIR 51, 1960 SCR (1) 605:

The period within which the State Legislature must express its views has to be specified by the President; but the President may extend the period so specified. If, however, the period specified or extended expires and no views of the State Legislature are received, the second condition laid down in the proviso is fulfilled in spite of the fact that the views of the State Legislature have not been expressed. The intention seems to be to give an opportunity to the State Legislature to express its views within the time allowed; if the State Legislature fails to avail itself of that opportunity, such failure does not invalidate the introduction of the Bill. Nor is there anything in the proviso to indicate that Parliament must accept or act upon the views of the State Legislature.

So Andhra media instead of spreading rumors, should start learning law and Constitution for a change.

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