P.V.KRISHNAIAH Vs. UNION OF INDIA

JUDGEMENT

(1.) This public interest litigation has been filed for the following reliefs:

(2.) Basically there are four portions in the writ petition, going by the above prayer portion. First one is essentially challenge to the vires of Article 3 of the Constitution of India on the ground that it purports to hit to the basic structure and preamble and inconsistent with Part III of the Constitution of India. Alternatively, second prayer is to declare the Constitutional (Fifth Amendment) Act, 1955 by which a proviso has been added to Article 3, which according to petitioner is constitutionally invalid as it is violative of basic structure and preamble of the Constitution of India. The third prayer is that Union of India should be restrained from initiating any action in pursuance of Article 3 of the Constitution of India for bifurcation of State of Andhra Pradesh and formation of new State of Telangana without enacting any law or even issuing any executive instructions prescribing criterion, modalities and guidelines for exercising power under Article 3 of the Constitution of India. The fourth prayer is against unofficial respondents from conducting any agitations, strikes, bundhs etc., either for bifurcation of State of Andhra Pradesh or opposing the same.

(3.) As far as the fourth and last prayer is concerned, we think that this Court can consider the same and writ petition may be kept pending. However, for other prayers, we are of the view that this petition cannot be admitted for hearing.