Telangana: No Constitutional Barriers

Now that the proposal for a new Telangana state has entered the legislative stage, in the State Assembly and subsequently Parliament, the constitutional question will take centre stage: does the absence of a supporting State Assembly resolution for the creation of a new Telangana state, an outcome which remains likely, render a parliamentary amendment unconstitutional? In this essay I show that this constitutional question sits at the fault lines of two conflicting constitutional impulses on federalism in India: first, the imperative of crafting an accommodating state-nation and second, to guard against the excesses of venal partisan federalism. On balance, I conclude that the absence of a State Assembly resolution is not a constitutional barrier to the creation of Telangana. We must preserve the Union power to redraw State boundaries unfettered by new constitutional restraints, imposed either by the President or the Supreme Court, as the flexibility to create suitable state-nation arrangements has sustained Indian federalism and political unity.

 

Cite:

Dr. Sudhir Krishnaswamy, 'Telangana: No Constitutional Barriers' (04 Jan 2014) <https://www.thehindu.com/opinion/lead/telangana-no-constitutional-barriers/article5535195.ece> accessed on 22 Jul 2019