Hyderabad: Attorney General of India G.E. Vahanvati has suggested to the Group of Ministers on Telangana that before creating a Telangana state, Parliament needs to repeal Article 371D and E from the statute by an amendment with special majority and a fresh amendment is required to continue the same provision applicable to both the new states.
The GoM had specially asked the AG to give his opinion on the contentious Article 371D, which deals with providing recruitment to local candidates through the zonal system.
On Tuesday Vahanvati submitted his report stating that without amending 371D, which was specifically inserted in the Seventh Schedule of Constitution, the Centre cannot proceed with formation of a Telangana state.
Though any amendment to the Constitution is not required as far as Article 4, which deals with creation of a state, is concerned, Andhra Pradesh, which is the only state to enjoy the special status of Art 371D and E duly inserted in Seventh Schedule of Constitution through 32nd Amendment in 1974, is a different case, Vahanvati pointed out.
He further informed the GoM that since Article 371D was enacted for the purpose of providing equal opportunities for the entire state, after bifurcation it would not be proper to apply Art 371D for the remaining part of the state of AP.
He is learnt to have stated that Article 371D should be suitably amended either to apply to both the states or repealed from the statute if government thinks otherwise.
“In either case Constitution amendment in respect to Article 368 (Amendment of Statute) is to be done by special majority in both Houses of Parliament,” Vahanvati is learnt to have stated.
Sources said the GoM would seek further legal opinion on this before preparing the T-Bill.
