New Delhi, Jan 5: Irrespective of the outcome of the talks at the conclave of eight recognised political parties of Andhra Pradesh, the Union Government is examining a proposal to seek Presidential reference to the Supreme Court under Article 143 of the Constitution to find a legal solution to the contentious Telangana Issue.According to the sources, the Centre feels that the formation of the Telangana state is not only political but also a legal problem, which could not be decided by the Government alone.Moving in this direction, the Centre secured the legal opinions from a senior law officer as Telangana demand could be considered afresh.
The States Reorganisation Commission (SRC) had rejected such request in 1955 and many States were formed on the basis of the language spoken in the region, it was pointed out.The Andhra Pradesh state was carved out in 1955 on the basis of its linguistic character. Now, the question is whether the state could be further divided because the political parties were resorting to agitations in support of their demand.The legal opinion said the SRC report, among other things, went into the problems of Telangana and Andhra regions and the arguments for and against the merger of the two regions, It also concluded that there was no need for further division of the State.
What bothers the President most is whether the State can be further subdivided. In order to find answer to this crucial question the President will refer the question to the Supreme Court.As per Article 143 of the Constitution: “If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of a such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he [or she] may refer the question to that court for consideration and the court may, after such hearing as it thinks fit, report to the President its opinion thereon.”