Article 3 of Indian Constitution says that Parliament by law –
a) Form a new State ( Union territory ) 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 anyState
d) Alter the boundaries of any State ; alter the name of any State.
Provided that no Bill for the purpose shall be introduced in either House ofParliament 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 as been referred by the President to the Legislature of that State for expressing its views thereon within such period …
Hence, referring the matter to the State concerned is a prerequisite and mandatory to affect changes in the territorial composition of a State by the Parliament of India. Now we can gauge where KCRs demand to form Telangana State without taking cognizance of Andhra Pradesh Legislature stands . Clearly his demand is against Constitutional provisions.
KCR Who holds responsible political positions should not mislead People with his wrong notions about constitutional arrangements regarding States’ territorial adjustments.
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Article 5 Reads as follows:
At the commencement of this Constitution , every person who has his domicile in the Territory of India and – a) Who has born in the territory f India; orb) Either of whose parents was born in the territory of India ; or c) Who has been ordinarily resident in the territory of India for not less than five years Shall be a citizen of India.
Article 10 reads as follows:
Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall , subject to the provisions of any law that may be made by Parliament, continue to be such citizen.
Article 15 Prohibition of discrimination
Article 15 envisages that
1) The State shall not discriminate against any citizen on grounds only of Religion, race, caste, sex, place of birth or any of them.
2) No citzen shall on grounds only of religion, race, caste, sex, place of birth or any of them be subject to any disability , liability, restriction or condition with regard to –
a) Access to shops, public restaurants, hotels and places of public entertainment or
b) The use of wells, tanks, bathing ghats, roads, and places of public resort maintained wholly or partly out of State funds or dedicated to the use of general public.
3) Noting in this article shall prevent the State from making any special provision for women and children.
4) Nothing in this article or in in clause (2) of Art 29 shall prevent the State From making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and The Scheduled Tribes.
Article 16 - Equality of Opportunity
Reads as follows:
1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
2) No citizen shall on grounds only of religion , race, caste, sex, descent, place of birth, residence or any of them be ineligible for or discriminated against in respect of, any employment or office under the State.
3) Nothing in this article shall prevent Parliament from making any law prescribing , in regard to a class Or classes of employment or appointment to an office under the Government of , or any local or other authority within , a State or Union territory, any requirement as to residence within that State or UT prior to such employment or appointment.