THE Telangana people’s demand for a separate State is a very constitutional one.true. it is also relevant here to refer to what dr.ambedkar had to say about the insertion of the article 3:
Article 3 of the Constitution gives power to Parliament to create new States. This was done because there was no time to reorganize the States on linguistic basis for which there was a great demand.back to kannabiran's article:
Very often public disorder is caused by bad governance and the movement for a separate Telangana was the direct consequence of flagrant and culpable indifference to Article 38 (2) which reads: ``The State shall, in particular, strive to minimize inequalities of status, facilities and opportunities, not only amongst individuals, but also amongst groups of people residing in different areas or engaged in different vocations.’’ Failure to perform this obligation for over a period of sixty years gives us the right to ask for a separate State. Telangana has again raised the issue of rethinking a federal structure that would be manageable.the people of telangana hadn't judged the governance in andhra pradesh through fifteen elections since 1956, correctly.
Article 3 of the Constitution of India provides for the formation of a separate State. The process has to be initiated by public demand. Now that there is a demand that formation of Telangana State be conceded -- and there is enough evidence on the ground that this is necessary -- the rest of the administrative processes can be dealt with by the Committee headed by Justice Srikrishna.again, the people aren't the right judge of what is 'public demand' in telangana. only the separatists are.
We need to question the terms of reference set out for the committee, as it is not in order for the Government to ask the committee to go into the feasibility of a separate State. The constitution of the committee itself is recognition of the fact that the demand for Telangana is a legitimate one. Had this not been the case, this struggle would have been suppressed and ignored like other mass struggles. Paradoxically, although this struggle has been violently suppressed, it has not been possible for the government to ignore it. And this points to the recognition of legitimacy in the demand for a separate Telangana by the State.there were around a hundred suicide attempts during the first anti-mandal agitation. a mass struggle?
In anticipation of situations where public demand might force re-examination of governance, the Forty-Second Constitutional Amendment introduced Part IV A, setting out the Fundamental Duties of Citizens, which, like the Directives, while not enforceable in courts, cannot be ignored in governance either.kannabiran seems to have forgotten that the separatists have mostly shifted gear now: their demand for a separate telangana now harps on the theme of 'self-respect' and not 'backwardness'.
In assessing the conduct of citizens and in assessing the character of the claims of citizens, the Fundamental Duties set down the permissible limits of governance and citizens’ claims. Such assessments lead to the evolution of constitutional culture.
Article 51 A (e) of the Constitution reads: ``To promote harmony and the spirit of common brotherhood amongst all the people in India transcending religious, linguistic and regional or sectional diversities.’’ Large States contain large pockets of backward regions, which are largely neglected and do not receive the attention they are entitled to under the equality code of the Constitution.
In all these years of the Constitution, we have not developed a constitutional morality or culture that enables us to act effectively on issues of plural societies that confront us from time to time.
The failure to comprehend the reasons for a separate State for Telangana may be attributed to the failure to understand the workings of plural governance.
Although the State of Andhra Pradesh was formed in 1953 on linguistic grounds, one of the principal grounds for a demand for a separate State was the uneven development of the Andhra region in relation to the Tamil region. This was done without the matter being referred to a States Reorganization Commission, which came into being after the Andhra State was formed.
The resistance of the government to conceding the demand for a separate state of Telangana raises for consideration the issue of citizenship and the rights that arise from it. We must remind ourselves that the inauguration of the Constitution represents the transition of Indian people from subjects to citizens who bear rights, vote and voice.
again, it wasn't the citizens of telangana who voiced their opinions in the last 15 elections?
another lawyerly voice, like this one. and in all these lawyerly voices, and in the professorial voices, and in the voices of the many rights' activists, you notice a barely concealed patronizing air, directed towards those among the great unwashed who commit the cardinal sin of voting, on the one hand, and a not so barely concealed contempt for those who get elected. the upper caste, educated middle classes of india grow more and more intolerant towards elections and politicians as yadav after yadav, or mayawati after paswan begin to claim more and more political space. politics is becoming so impure!
sad that kannabiran chooses to make this purely legalistic argument. like so many of the other, but much less credible, supporters of separation.