July 11, 2014
Saugata Roy opposes the Andhra Pradesh Reorganisation Bill | Transcript
It is under Rule 123(2) of the Constitution… Madam, “(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance –
(a) shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions;”
So, this is the procedure as far as Ordinances are concerned. But what hon. Member, Shri Vinod Kumar has mentioned is an even more important point as to how a State to be formed.
Article 3 of the Constitution says under “Formation of new States and alteration of areas, boundaries or names of existing States.
Parliament may by law –
(a) form a new State;
(b) increase the area of any State;
(c) diminish the area 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… So, under article 3 of the Constitution, has the President’s recommendation been received for altering the boundary of the State? So, (a), we have to discuss the Statutory Resolution separately.
And, then the Minister has to clarify whether the recommendation of the President with regard to the Bill has been received. It is very unfortunate that without obtaining the sanction, without obtaining the approval of the Telangana Government and the Odisha Government, the Government has gone ahead and promulgated an Ordinance. This is bad in law. What is being done will be bad in law and it will be challenged in the Supreme Court. Madam, let us not be misled where the Constitution is violated.
