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GoM divided on constitutional amendment

A final decision on the issue could be left for the Cabinet when it takes up the Bill.

Even as PM Manmohan Singh Tuesday reiterated his governments commitment to the formation of Telangana,the Group of Ministers GoM finalising the draft Bill for the purpose remained divided on the issue of whether a constitutional amendment was required to deal with the issue of Article 371D,which grants special status to the state in some aspects.

Sources said while a final decision on the issue could be left for the Cabinet when it takes up the Bill,the predominant view within the GoM was that getting a constitutional Bill passed may be easier said than done. Instead,taking resort to Article 4,which provides for consequential amendments for creation of new states,the majority view in the GoM is that the new state could be carved out through simple majority in Parliament and not two-thirds as would be required for a Constitutional amendment.

The GoM will meet again Wednesday to thrash out the contentious issues. It is learnt that those within the GoM,who favour a constitutional amendment,have also cited the opinion of Attorney General Goolam E Vahanvati on the issue of Article 371D,where he has said once a new state of Telangana is carved out of Andhra Pradesh,the special status enjoyed by united Andhra wont be applicable to the remaining part of the state.

In fact,even the Union Law Ministry has advised the GoM that a constitutional amendment was required to create Telangana,failing which the bifurcation could be the subject of a legal battle.

The decisions that have been taken by the GoM include that Hyderabad would be the joint capital of the new state of Telangana and Andhra for 10 years. The Governor would be the administrative head of the Capital.

On the issue of sharing of water resources,the GoM is of the view that an apex council headed by Union Water Resources Minister could be constituted to resolve water sharing issues between the two states.

The opposition parties,particularly BJP,as well as anti-Telangana Congress MPs may not allow the Bill to be passed unless all contentious issues are sorted out. Moreover,with the President indicating clearly that all constitutional and legal procedures should be followed while bifurcating Andhra Pradesh,our job is not easy. But,we will try and settle everything tomorrow so that the proposal and GoM report can be placed before the Cabinet on Thursday itself, said a GoM member.

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