Fresh cloud over Telangana Bill: LS Sectt asks if statute must be amended

As of now, the Bill does not seek an amendment to the constitution, despite legal opinion to the contrary.

New Delhi | Updated: February 12, 2014 8:21 am
The Lok Sabha Secretariat, it is learnt, has pointed out that dividing Andhra Pradesh would also entail a division of the Andhra Pradesh Legislative Council. (PTI Photo) The Lok Sabha Secretariat, it is learnt, has pointed out that dividing Andhra Pradesh would also entail a division of the Andhra Pradesh Legislative Council. (PTI Photo)

In a move that can potentially derail the government’s plan to introduce and pass the Telangana Bill in the Lok Sabha on Thursday, the Lok Sabha Secretariat is learnt to have sought the Union law ministry’s opinion on whether a constitutional amendment is required to create the new state.

As of now, the Bill does not seek an amendment to the constitution, despite legal opinion to the contrary.

The Lok Sabha Secretariat, it is learnt, has pointed out that dividing Andhra Pradesh would also entail a division of the Andhra Pradesh Legislative Council, something that could require a constitutional amendment.

“There is a view that in order to give a legislative council to the new state, an amendment in the constitution may be required. That is why the law ministry has been asked to clear the air,” a senior Lok Sabha official said.

Attorney General Goolam E Vahanvati had advised the government that Parliament would have to amend the constitution, without which the two new states would lose the special status provided under Art 371-D. Art 371 of the constitution provides special provisions to protect the interests of the people and resources of the state.

However, following a decision by a Group of Ministers (GoM), the Centre had decided to ignore the AG’s advice and bring a simple state reorganisation Bill.

Meanwhile, in a day full of political developments, which began with the government being forced to junk its original plan to introduce the Bill in Rajya Sabha after questions were raised over the constitutionality of introducing the Bill first in the Upper House, the government decided to make a concerted effort to get the Bill through the Lok Sabha.

Troubleshooters, including Parliamentary Affairs Minister Kamal Nath, held a lengthy meeting with Speaker Meira Kumar to discuss ways to get the House to function.

The government, it is learnt, tried to persuade the Speaker to use her power to discipline the anti-Telangana MPs, including, if need be, suspending them from the House.

Sources said the Speaker was requested to waive the conditions for introduction and passage of Bills in the House, including the seven-day notice that the minister who desires to introduce a Bill must give in writing. The Speaker can allow the motion to be moved at shorter notice.

The government is learnt to have also asked the Speaker to waive the condition that a Bill would not be included in the list of business for introduction until copies have been made available to MPs at least two days in advance. The Speaker may allow a Bill to be introduced without prior circulation.

Kumar was likely to exempt the Bill from being sent to the Standing Committee for Home, which is headed by BJP leader M Venkaiah Naidu.

The government was, however, unsure on Tuesday about how to deal with the large number of amendments that MPs plan to move after the Bill is introduced.

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  1. R
    Rafi khan
    Feb 12, 2014 at 5:40 am
    Jai Telangana, Telangana, Telangana, Telangana ki Jai
    Reply
    1. T
      TpartyPropogandaUpInFlames
      Feb 12, 2014 at 9:51 pm
      Freedom for telangana. Indian union illegally occupied telangana. period. Just GTFO you shame less indians.
      Reply
      1. T
        TpartyPropogandaUpInFlames
        Feb 12, 2014 at 9:51 pm
        Freedom for telangana. Indian union illegally occupied telangana. period. Just GTFO you shame less indians.
        Reply
        1. T
          TpartyPropogandaUpInFlames
          Feb 12, 2014 at 9:51 pm
          USA today showed ted cruz the way out. Now is the time for people of telangana to declare independence and show the india way out. Congress and BJP can take the T state bill tear it into two pieces and stick it up..where ever they want. Indian union has illegally occupied telangana and should leave telangana sooner or later. Freedom for telangana. and a bullet up the a..s.s of indian as...s.
          Reply
          1. T
            TpartyPropogandaUpInFlames
            Feb 12, 2014 at 9:51 pm
            USA today showed ted cruz the way out. Now is the time for people of telangana to declare independence and show the india way out. Congress and BJP can take the T state bill tear it into two pieces and stick it up..where ever they want. Indian union has illegally occupied telangana and should leave telangana sooner or later. Freedom for telangana. and a bullet up the a..s.s of indian as...s.
            Reply
            1. T
              TpartyPropogandaUpInFlames
              Feb 12, 2014 at 9:51 pm
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                TpartyPropogandaUpInFlames
                Feb 12, 2014 at 9:51 pm
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                1. T
                  TpartyPropogandaUpInFlames
                  Feb 12, 2014 at 9:52 pm
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                  Reply
                  1. T
                    TpartyPropogandaUpInFlames
                    Feb 12, 2014 at 9:52 pm
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                    1. T
                      TpartyPropogandaUpInFlames
                      Feb 12, 2014 at 9:52 pm
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                      1. T
                        TpartyPropogandaUpInFlames
                        Feb 12, 2014 at 9:52 pm
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                        1. T
                          TpartyPropogandaUpInFlames
                          Feb 12, 2014 at 9:51 pm
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                            TpartyPropogandaUpInFlames
                            Feb 12, 2014 at 9:51 pm
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                            1. B
                              Brijkhanna
                              Feb 12, 2014 at 2:07 am
                              This is Congress crooked plan to get Creation of Telangana State bill ped by ping legal Consutional amendment mode. Because it shall not be considered "VOID" by Supreme Court. These present leadership of Congress can go any length to cheat the peoples and play with their emotions only for VOTE BANK.
                              Reply
                              1. B
                                Brijkhanna
                                Feb 12, 2014 at 2:07 am
                                This is Congress crooked plan to get Creation of Telangana State bill ped by ping legal Consutional amendment mode. Because it shall not be considered "VOID" by Supreme Court. These present leadership of Congress can go any length to cheat the peoples and play with their emotions only for VOTE BANK.
                                Reply
                                1. G
                                  Gowri
                                  Feb 12, 2014 at 6:33 am
                                  We want united Andhrapradesh
                                  Reply
                                  1. H
                                    harinath
                                    Feb 12, 2014 at 10:15 am
                                    Jai United Telugus. There is nothing wrong with being united. If unity is disrupted AP or any other state in India will not be a part of India any more. The reason is we are ruled by Manmohan singh(Akali Dal) and Sonia hi (Foreigner)
                                    Reply
                                    1. H
                                      harinath
                                      Feb 12, 2014 at 10:13 am
                                      Why is your heart bleeding PM of India Manmohan singh or Foreigner Sonia i or fundamentalist Leader Modi or killer CBN of TDP. Punjab is not getting divided manmohan nor ir your mother land is getting divided Sonia, nor you personal property modi, nor is your son CBN. You are drawing the dagger through our Andhra Pradesh Heart and we are bleeding?
                                      Reply
                                      1. H
                                        harinath
                                        Feb 12, 2014 at 10:13 am
                                        Why is your heart bleeding PM of India Manmohan singh or Foreigner Sonia i or fundamentalist Leader Modi or killer CBN of TDP. Punjab is not getting divided manmohan nor ir your mother land is getting divided Sonia, nor you personal property modi, nor is your son CBN. You are drawing the dagger through our Andhra Pradesh Heart and we are bleeding?
                                        Reply
                                        1. P
                                          Pandit Arjun
                                          Feb 12, 2014 at 3:49 am
                                          congress approach on telangana bill is like this.1. we misinform the country that it is not a finance or money bill and hence introduce only in rajya sabha. gets a rap and egg on its face and now admit its mistake and agree to introduce in loksabha.2. we misinform the country that it just needs voice vote approval in loksabha and would be ped even in disturance. gets a rap from loksabha secretariat seeking clarification on its status as a consutional bill seeking amendment in consution.3. Attornegy General views are not heeded by us congress people because we are dictators and hence the AG decisions overlooked by the GOM and the Cabinet. today or tomorrow same congress eats dust and admit they went against AG advice.4. for such consutional amendment bills, one week advance notice to the lok sabha and copies need to be distributed to all members two days in advance is a rule which we flout publicly since we know that the media dogs like IBN keep quiet and censor all news against us. but thanks to god, indian express shows what rules are flouted and congress tomorrow follow these rules.5. we ask bjp to give support to this bill so that we daydream of getting 15 seats in telangana and 20 seats in seemandhra and with this 35 form AP, we form UPA3 and get 5 more years as 10 years is not sufficient. you bjp can give support to us and lose the elections and stay in opposition. few bjp leaders who are dumb and stupid agree to congress and to those dogs of bjp, PM throws food tonight and they go wagging their tails to eat congress food, support their bill, lose the elections and work against bjp and modi.hope wisdom dawns on bjp and they are not that dumb and stupid as congress is showing the country by seeking their support and offering food to get support.
                                          Reply
                                          1. P
                                            Pandit Arjun
                                            Feb 12, 2014 at 3:49 am
                                            congress approach on telangana bill is like this.1. we misinform the country that it is not a finance or money bill and hence introduce only in rajya sabha. gets a rap and egg on its face and now admit its mistake and agree to introduce in loksabha.2. we misinform the country that it just needs voice vote approval in loksabha and would be ped even in disturance. gets a rap from loksabha secretariat seeking clarification on its status as a consutional bill seeking amendment in consution.3. Attornegy General views are not heeded by us congress people because we are dictators and hence the AG decisions overlooked by the GOM and the Cabinet. today or tomorrow same congress eats dust and admit they went against AG advice.4. for such consutional amendment bills, one week advance notice to the lok sabha and copies need to be distributed to all members two days in advance is a rule which we flout publicly since we know that the media dogs like IBN keep quiet and censor all news against us. but thanks to god, indian express shows what rules are flouted and congress tomorrow follow these rules.5. we ask bjp to give support to this bill so that we daydream of getting 15 seats in telangana and 20 seats in seemandhra and with this 35 form AP, we form UPA3 and get 5 more years as 10 years is not sufficient. you bjp can give support to us and lose the elections and stay in opposition. few bjp leaders who are dumb and stupid agree to congress and to those dogs of bjp, PM throws food tonight and they go wagging their tails to eat congress food, support their bill, lose the elections and work against bjp and modi.hope wisdom dawns on bjp and they are not that dumb and stupid as congress is showing the country by seeking their support and offering food to get support.
                                            Reply
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