G V RAO Vs. UNION GOVERNMENT OF INDIA

JUDGEMENT

(1.) This application has been taken out asking for declaration that Andhra Pradesh Reorganisation Bill, 2013 which Union Government of India placed before President of India and in turn referred to the Andhra Pradesh State Legislature cannot be construed as Bill, which is in violation of Provisions of Article 3 of Constitution of India and is also in violation of Rules of Procedure and Conduct of Business in Rajya Sabha and in Lok Sabha. In order to get relief, the petitioner stated Bill prepared by Central Government and referred to the State Legislature is not prepared as per requirement of Article 3 of Constitution of India and relevant Rules.

(2.) Sri S.R. Ashok and Sri D. Prakash Reddy, learned senior counsel, have submitted and expressed their valued opinions as Amicus Curiae that this writ petition is absolutely premature. Sri S.R. Ashok says that a prayer for mere declaratory relief cannot be entertained unless a consequential relief is asked for. Sri D. Prakash Reddy says that the approach of the petitioner is to examine the legality and validity of the proposed bill of bifurcation. He inviting our attention to Articles 122 and 212 of the Constitution of India, submits that this aspect is within the exclusive domain of both the Houses of Parliament, and the State Legislature and the method and procedure regarding presentation of the bifurcation bill and, for that matter, preparation of the bill cannot be called in question before Court of law. He contends that whatever is agitated in this application to achieve above relief, Centre and State Legislatures are exclusive authorities, not the Court, to decide the issue.

(3.) We therefore set out the aforesaid Articles for ready reference.