Telangana became the 29th State of India with Hyderabad as its capital on 2 June 2014. With this formation, ten districts of the then Andhra Pradesh will now become a part of the Telangana.
Also, the President rule imposed on united Andhra Pradesh was revoked partially. It was revoked in the newly-created State Telangana to facilitate the swearing-in of the TRS government.
Chandrasekhar Rao, the chief of Telangana Rashtra Samiti (TRS) was sworn-in as the first Chief Minister of Telangana. Rao took the oath along with eleven Cabinet Ministers.
Earlier ESL Narasimhan, the Governor of Andhra Pradesh, took oath as the Governor of Telangana. Narasimhan will be the Governor of the two states till a permanent arrangement is made for Telangana.
Further, the President’s rule will continue in residual Andhra Pradesh till TDP Chief N Chandrababu Naidu takes oath as Chief Minister, which is scheduled on 8 June 2014.
Telangana is the first state in India to be carved out from a State with same language (Telugu) after three Hindi speaking States were formed in 2001, namely Jharkhand, Chhattisgarh and Uttarakhand.
The formation of Telangana as a State with same linguistic background raises question over Nehruvian policy of creating State on the basis of language. It also raises question whether there is a need to form another State Reorganisation Commission.
About formation of Telangana
Andhra Pradesh was formed (1st state on language basis) as a state on 1 November 1956 according the recommendation of State Reorganisation Commission (SRC) 1953. The state was formed following Gentleman Agreement in accordance with the Mulki Rules. Telangana, which was a part of Hyderabad state, was merged with Andhra State on this day and following this merger People of the Telangana region started agitation in 1956. Telangana, a part of the pre-independence Madras Presidency was merged with Andhra on a promise of safeguarding the rights and interests of the region.
The merger was done on the basis of recommendation of the States Reorganisation Commission (SRC), which was formed in 1953. The SRC was headed by the retired chief Justice of Supreme Court Fazal Ali and the commission itself was known as the Fazal Ali Commission.
With the failure of Mulki rules (which were supposed to be followed but was not followed) the movement intensified in 1969 under the leadership of M Channa Reddy and Telanagana Praja Samithi. More than 300 people were killed in the violence that spread as follow-up action of protests. Further, the Telangana movement declined in the seventies as Channa merged his party with the Congress and was made the Chief Minister of Andhra Pradesh by Indira Gandhi.
In 1985 the Andhra Pradesh Government under the leadership of NT Rama Rao has created 610 Government Order (GO) under which the people of Telangana were supposed to get equal opportunities in employment and education, which was not fulfilled.
Because of the failure of 610 GO functions, led to the rise of the movement again in 2001, when Chandrasekhar Rao left Telugu Desam Party and formed Telangana Rastra Samithi. Congress once again joined hands with Rao in 2004 with a promise of formation of a new state but failed to do so.
Earlier, the Union Government declared on 9 December 2009 division of Andhra Pradesh and formation of Telangana the 29th State of Indian Union. But this decision of government led to agitation among the people of the state (Coastal Andhra and Rayalaseema), which led to constitution of Srikrishna Committee in February 2010 for consultation and look into the situation of state, Andhra Pradesh. The committee headed by Justice (Retd) BN Srikrishna submitted its findings with six recommendations on division of the state in December 2010. This report and recommendation was the last nail that struck into the division of the state into two parts.
Telangana as a State was formed after the assent of President of India on 1 March 2014 which was also published in the Indian gazette. The state Telangana was formed according to the Andhra Pradesh Reorganiosation Bill 2014.
Constitutional Provision of creation of a State in Indian Union
The provision of creation or division of a state in Constitution of India is mentioned in Article 3 and 4 of Constitution of India. The Constitutional framework was restructured on the basis of recommendations of the State Reorganisation Commission following which the Constitution saw the Seventh Amendment in 1956. The Constitution (Seventh Amendment) Act, 1956 revised the framework of the two Articles.
Articles 3 & 4 of the constitution
Article 3 states: Formation of new States and alteration of areas, boundaries or names of existing States.-
Parliament may by law-
(a) Form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State
(b) Increase the area of any State
(c) Diminish the area of any State
(d) Alter the boundaries of any State
(e) Alter the name 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 thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.
Explanation I.-In this article, in clauses (a) to (e), "State" includes a Union territory, but in the proviso, "State" does not include a Union territory.
Explanation II.- The power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory.
Article 4 states: Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.-
(1) Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary.
(2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.
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