Saturday, August 23, 2014

Article 3 is like an appendix in our body, now it is in acute condition, it must be removed.

May be our founding fathers were aware that the Article 3 is not as per Union fundamentals, but at the time of drafting our constitution they badly needed the Article 3, to merge 562 princely states into fewer states (Part A (9), B (8), C (10), D (1) States) to give a long lasting stability to Union of India. It should have been abolished after achieving this.
 
Formation of Part A, B, C and D states weren’t able to function properly as multi lingual people were part of the individual states. Since the languages were very distinct in nature, it was very difficult to communicate with each other and extremely difficult to learn all the languages. To accommodate the growing demand for linguistic states, our legislatures continued Article 3. The Central government constituted the State Reorganizations Commission (1st SRC), which recommended formation of the states based on language and ethnicity. The Part A, B, C and D states agreed to reorganize themselves as per the recommendation of 1st SRC.

As per 1st SRC in 1956 we reorganized Part A (9), B (8), C (10), D (1) States into 14 States and 6 UT’s. It ignored few languages like Gujarati, Punjabi and Haryanvi. Our legislatures failed to abolish Article 3, and it gave an opportunity to raise agitations for separation of more states. By 1991 we further divided into 25 States, 6 UT’s and 1 NCT (National Capitol Territory). At least by this time our legislature branch was supposed to abolish Article 3 after 1991, but it failed to do its duty. Because of our Legislature’s failure to abolish Article 3 we are paying a huge price now.

If we review the Article 3
a)      Is this Article as per principles and fundamentals of the Union? No
b)      Is this Article going to uplift the spirit of Democracy? No
c)      For what kind of reasons this Article was brought into the Constitution? It is needed to merge 562 princely states in to fewer states.
d)     Is this Article served its purpose? Yes
e)      Is there any chance to misuse this Article? Yes, National Parties are already misusing it.
f)       Is there any chance to misinterpret this Article? Yes 100% chances are there. Everyone is misinterpreting it for their own benefit because it is ambiguous.
g)      Do we need this Article now and in future? No
h)      Is this Article harmful if we keep it as is? Yes it is harmful and threatening the unity between the people. It must be removed, if not it need an amendment.

It is evident that since 1991 the Article 3 is there in the constitution without any purpose, just like an appendix in our body. Now it is in acute condition, it is swollen and our mother land is suffering with appendicitis, One and only treatment to appendicitis is an immediate appendectomy. It’s the time to abolish Article 3.

I reached out to Mr. President and all states Chief Minsters and requested to take necessary action to abolish Article 3 last year. So far I didn’t receive any communication in this regard from them.

India is suffering with Article 3 the same way. The proof is increase in demand for more separate states. And also India is suffering from pain because of the agitations for separate states. BJP party misused Article 3 for its benefit and created 3 new states in 2000, without any nationwide framework for division of states. Now it’s the Congress party’s turn to misuse Article 3 to separate AP for its electoral and other benefits. Instead of abolishing Article 3, they are using it for their unlawful benefits.

The demand for creation of more states / UT’s is further rising, the list is as follows.
 
 

Awadh / Central Uttar Pradesh

Kamtapur

Ladakh

Bodoland

Karbi Anglong

Mithila

Bundelkhand

Kashmir

Purvanchal

Dimaraji

Kongu Nadu

Telangana

Gorkhaland

Kosal

Tulu Nadu

Harit Pradesh / Paschimanchal / Braj

Kukiland

Vidarbha

Jammu / Dogradesh

Kutch and Saurashtra

Vindhya Pradesh


I submitted the above argument in writing (Written Arguments) in Supreme Court of India as part of my Civil Writ Petition 207 of 2014 (AP State bifurcation issue) and requested to issue appropriate writ or directions to the legislatures and Union of India Respondent 1 to solve amicably all unsolved border disputes between the states, and to abolish the Article 3 at the earliest.

Vande mataram

Thanking You
Vishnu Alluri

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