A Supreme Court bench of Justices H.L. Dattu and S.A. Bobde while dismissing a special leave petition filed by advocate P.V. Krishnaiah challenging the bifurcation of Andhra Pradesh into two States to form a separate State of Telangana, stated that until the Andhra Pradesh Assembly takes a decision, the Court cannot go into the matter as it was still premature.
On the petitioner’s statement that the issue had been dismissed by the High Court on merits, Justice Dattu said once the Andhra Pradesh Assembly took the decision on the Bill, he was free to approach the appropriate forum. Mr. Krishnaiah has mentioned in his petition that the State of Andhra Pradesh was formed merging Andhra state and part of Hyderabad State i.e., Telangana region on November 1, 1956.
In 1969 and 1972, the request for formation of a separate Telangana was rejected and in order to provide local reservations for candidates in employment and education to avoid regional imbalances, an amendment was made in the Constitution in 1973 by inserting Article 371(D). According to him, under Article 3, the Centre does not have the authority to divide a State.