NHRC File Number: 1589/1/0/2014
Dairy Number: 193791/CR/2014
Filing Date: 17th Nov 2014
Case Closed: 4th Dec 2014
Reason: On perusal of the complaint, it is seen that the complaint relates to the matter which is sub judice before a Court/Tribunal, hence the complaint is not entertainable by the Commission, as per Regulation 9(xi) of the N.H.R.C. (Procedure) Regulations, 1997. The complaint is filed and the case is closed.
To, The Commissioner, National Human Rights Commission, Manav Adhikar Bhawan Block-C, GPO Complex, INA, New Delhi 110023, INDIA. To: cr.nhrc@nic.in; covdnhrc@nic.in; CC: secy.president@rb.nic.in; supremecourt@nic.in; mljoffice@gov.in A. COMPLAINANT’S DETAILS Vishnu Alluri, Herndon, VA 20170, USA
B. INCIDENT DETAILS n/a
C. VICTIM’S DETAILS Vishnu Alluri, Andhra Pradesh State (before division), Members (All States) of Indian Union and fellow citizens of India.
D. Brief summary of facts/allegations of human rights involved.
Please admit this petition as per Human Rights Council resolution A/HRC/RES/7/11 and under the provision for victims of power abuse. Justice has been denied and delayed for me, Andhra Pradesh State, members (All States) of Indian Union and fellow citizens of India. Human Rights are derived from the Constitution. Constitutional violations are more dangerous than any other type of violations. A constitutional violation leads to lawlessness and it gives the people a temperament that violating law is not a crime, all you need is power or money to cover it up.
To seek Justice and to prevent the Andhra Pradesh State division, to prove that the Indian states are Sovereign and Article 3 is Unconstitutional, since it is not as per the fundamentals and principles of a Union, to prevent misinterpretation and misuse of Article 3. Article 3 is like an appendix in our body, now it is in acute condition, so it must be removed. In case if our legislature branch thinks that we need more states, then they must come up with a national policy or they should constitute 2nd and final SRC and create states based on the report and abolish the Article 3 forever.
I approached all the available concerned authorities in India, despite all my efforts they failed to respond and to deliver the justice in time and to protect the Constitution. Our legislatures raped our mother India (Constitution) and murdered the Democracy in day light on public watch, they bulldozed all the objections and denied and delayed the Justice.
In Aug - Sep 2013 I e-filed two letter petitions (PIL) in Supreme Court of India for its suo-motu action, and also sent them a copy through postal (Courier) service to force the Union government to respect the States Sovereignty, to stop the misuse of Article 3, to define the correct process and to find out for what reasons we can divide a state. And also to stop the Andhra Pradesh state division. Supreme Court failed to respond on my letter petitions. Some other petitioners approached the Supreme Court and it refused to take up the case and commented that the matter is premature and failed to take preventive measures and failed to stop the misuse and misinterpretation of Article 3.
On 9th Nov 2013 I submitted a grievance (PRSEC/E/2013/18953) online to Mr. President of India and prayed to abolish Article 3a of Indian constitution with a Presidential Order Or at the least ask both the Houses of the Parliament to debate on the Article 3a about its necessity to keep it as is, and to take further action, And to abolish Article 3 forever in due course. I alerted him that the division of AP State is neither initiated by him nor by the concerned/affected state AP legislatures, and reminded him that he don’t have authority to divide the states, and also requested him to let us know officially whether he constituted GOM on AP State division or did he gave permission to Union government to divide AP State? If the answer is yes, then we can approach the Supreme Court of India for the justice. He didn’t take any action, Instead he let the legislature to enact unconstitutional Andhra Pradesh State Reorganization Bill 2013. As per article 368 it was supposed to be sent to all State Assemblies for their ratification. Then only he can sign the bill. Without doing this, he violated aforesaid process in the Constitution and signed the bill and implemented the ill will of UPA government through Andhra Pradesh State Reorganization Act 2014. Because of this the voting rights of all the States were denied and allowed new member into their union without their (Union Members) permission.
Denial of voting rights to all states means entire India’s population voting rights are denied, it amounts to Human Rights violation.
20th Nov 2013 I wrote to Chief Ministers of all states through email to request and oblige CM and their state legislatures to discuss and pass a resolution to repeal the Article 3 or at the least Article 3a for now from the constitution of India, and pass it on to Mr. President of India for further action, since they are the members of the Union and it is all about their Sovereignty. The same (email) has been copied to Prime Minister of India (Manmohan Singh) & GOM on AP State division. All the State’s and their legislatures failed to protect their Sovereignty, to protect their voting rights, to raise their voice and to respond to my letter. I alerted the prime Minister and GOM on AP State division that what they are doing is wrong.
On 2nd Dec 2013 I wrote to Parliamentary Affairs Minister Kamal Nath stating that I submitted the grievance to President of India and that was supposed to forward for him to ask both the Houses of the Parliament to debate on the Article 3a and about its necessity to keep it as is, and to take further action, instead my grievance was ended up on a irrelevant desk.
On 17th Dec 2013 I e-filed PIL Civil Writ Petition 207 of 2014 as Petitioner-In-Person in Supreme Court of India to prevent Andhra Pradesh State division, to prove that the Indian states are Sovereign and Article 3 is Unconstitutional, since it is not as per the fundamentals and principles of a Union, And to prevent misinterpretation and misuse of Article 3. Article 3 is like an appendix in our body, now it is in acute condition, so it must be removed. SC failed to take up this case in time, SC registry responded poorly and intentionally blocked the cases from listing before March 1st. On 1st Mar the Union Government carried away with their ill will and President signed the AP State Reorganization Act 2014 without 50% of the State’s ratification by violating Article 368.
On 4th March Union Govt. announced that the 2nd June 2014 is the appointment date for AP State Reorganization Act 2014 through gazette publication. On 7th Mar SC admitted the Civil Writ Petition 161 of 2014 and some other cases, which are related AP State division. On 10th March Supreme Court admitted my case (207) and it was tagged with 161, ordered to serve the notices and refused to give interim stay. Later on it was listed for hearing on 5th May along with 161 and other cases. On 10th March SC bench gave chance to present/argue the petition only to senior council, we petitioner-in-persons didn’t got a chance to speak and the case was adjourned to 20th Aug 2014, all the respondents already got 60 days of time to respond, but SC bench gave extra 45 days of time to respond. This is so absurd and irresponsible, these cases deserve a expedite process since the Act was coming to force within 27days i.e. starting from June 2nd. On Feb 18th Lok Sabha and on 20th Rajya Sabha approved AP State Reorganization Bill 2014.
Article 368 says that “…Provided that if such amendment seeks to make any change in—
(a) article 54, article 55, article 73, article 162 or article 241, or
(b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or
(c) any of the Lists in the Seventh Schedule, or
(d) the representation of States in Parliament, or
(e) the provisions of this article,
the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States by resolutions to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent …”.
AP State reorganization Bill 2014 is changing the representation of states in Parliament. AP State representation is changing from 42 MP’s to 25 MP’s and a new state called Telangana is going to represent with 17 MP’s in Parliament.
From 20th Feb to 1st Mar 2014, Indian State Assemblies were not in session. It’s a known fact that the Union Govt. didn’t send the AP State reorganization Bill 2014 to all State Assemblies for their ratification, which is the mandatory for this bill as per Article 368. Without 50% of State Assemblies approval President of India signed this bill on 1st Mar 2014 and made AP State reorganization Act 2014. So this Act is unconstitutional. Union Govt. took away the voting rights of the 28 States.
With the above facts I filed another PIL Civil Writ Petition 456 of 2014 in Supreme Court of India through advocate Debasis Mishra. We mentioned this case before vacation bench on May 23rd before the Act’s appoint date 2nd June. SC bench refused to take up this case since another bench is handling the AP State division cases. On 3rd July the Supreme Court admitted this case, ordered to serve the notices, tagged with 161 case, refused to give interim stay order and listed the matter on 20th Aug. On 19th Aug SC registry took away the case from 20th listing and came with an excuse that in a newly filed case the notices weren’t served. So far the case isn’t listed. Supreme Courts primary duty is to safe guard the Constitution, it is supposed to take up this issue through Suo-muto action with outmost urgency. It failed to protect the constitution. Why SC isn’t serious about this case at all? All the cases are pending with them, but they are planning to divide the AP High Court, it looks like the SC is prejudiced against all the petitions without fair hearing. Isn’t it absurd?
On 27th May 2014 I wrote an email to new law minister RS Prasad, informed him that the UPA govt. violated Article 368 while making AP State Reorganization Act 2014. In that email I urged him, Prime Minister Mr. Narendra Modi and Mr. President of India to take up this matter seriously and postpone the implementation date of Andhra Pradesh State Reorganization Act 2014 to 1st Nov 2014, and give us a chance to seek Justice from honorable Supreme Court.
All the available concerned authorities failed to respond, They Denied and Delayed Justice to all the citizens of India. Constitutional violations are nothing but Human Rights violation for the entire population of that country. This issue exposed that all the systems are rallying behind the power/politicians, there isn’t any accountability in India. Doesn’t it come under bad governance?
Corruption takes place not just in the form of cash and kind, it can transform into any form. In this case UPA govt. abused political power, misused the Article 3 and it undermined the rule of law to manipulate human weakness to get benefit out of it in the form of votes and to come back in to the power, this is nothing but corruption at higher level.
E. Whether complaint is against Members of Armed Forces/Para-Military. No
F. Whether similar complaint has been filed before any Court / State Human Rights Commission. Supreme Court of India
G. Name, designation & address of the public servant against whom Complaint is being made.
Union of India, Through Its Cabinet Secretary,
Cabinet Secretariat, Rashtrapati Bhawan,
New Delhi – 110004, INDIA.
H. Name, designation & address of the authority/officials to whom the public servant is answerable.
President of India
Rashtrapati Bhawan,
New Delhi – 110004, INDIA.
I. Prayer / Relief if any, sought
Hence I request this honorable Human Rights Commission to intervene in this matter at the earliest and declare that the AP State Reorganization Act 2014 is unconstitutional and direct the Union of India to take necessary steps and revive the Constitution from its grave and also give us a fair and speedy hearing to protect our Human Rights.
Because of unconstitutional AP State Reorganization Act 2014,
Union Govt. took away the voting rights of the 28 States. Our Constitutional rights are blocked, the Justice is Denied and Delayed to all the citizens of India. Some urgent action is needed to protect our Constitution.
Thanking You
Vishnu Alluri
Dairy Number: 193791/CR/2014
Filing Date: 17th Nov 2014
Case Closed: 4th Dec 2014
Reason: On perusal of the complaint, it is seen that the complaint relates to the matter which is sub judice before a Court/Tribunal, hence the complaint is not entertainable by the Commission, as per Regulation 9(xi) of the N.H.R.C. (Procedure) Regulations, 1997. The complaint is filed and the case is closed.
To, The Commissioner, National Human Rights Commission, Manav Adhikar Bhawan Block-C, GPO Complex, INA, New Delhi 110023, INDIA. To: cr.nhrc@nic.in; covdnhrc@nic.in; CC: secy.president@rb.nic.in; supremecourt@nic.in; mljoffice@gov.in A. COMPLAINANT’S DETAILS Vishnu Alluri, Herndon, VA 20170, USA
B. INCIDENT DETAILS n/a
C. VICTIM’S DETAILS Vishnu Alluri, Andhra Pradesh State (before division), Members (All States) of Indian Union and fellow citizens of India.
D. Brief summary of facts/allegations of human rights involved.
Please admit this petition as per Human Rights Council resolution A/HRC/RES/7/11 and under the provision for victims of power abuse. Justice has been denied and delayed for me, Andhra Pradesh State, members (All States) of Indian Union and fellow citizens of India. Human Rights are derived from the Constitution. Constitutional violations are more dangerous than any other type of violations. A constitutional violation leads to lawlessness and it gives the people a temperament that violating law is not a crime, all you need is power or money to cover it up.
To seek Justice and to prevent the Andhra Pradesh State division, to prove that the Indian states are Sovereign and Article 3 is Unconstitutional, since it is not as per the fundamentals and principles of a Union, to prevent misinterpretation and misuse of Article 3. Article 3 is like an appendix in our body, now it is in acute condition, so it must be removed. In case if our legislature branch thinks that we need more states, then they must come up with a national policy or they should constitute 2nd and final SRC and create states based on the report and abolish the Article 3 forever.
I approached all the available concerned authorities in India, despite all my efforts they failed to respond and to deliver the justice in time and to protect the Constitution. Our legislatures raped our mother India (Constitution) and murdered the Democracy in day light on public watch, they bulldozed all the objections and denied and delayed the Justice.
In Aug - Sep 2013 I e-filed two letter petitions (PIL) in Supreme Court of India for its suo-motu action, and also sent them a copy through postal (Courier) service to force the Union government to respect the States Sovereignty, to stop the misuse of Article 3, to define the correct process and to find out for what reasons we can divide a state. And also to stop the Andhra Pradesh state division. Supreme Court failed to respond on my letter petitions. Some other petitioners approached the Supreme Court and it refused to take up the case and commented that the matter is premature and failed to take preventive measures and failed to stop the misuse and misinterpretation of Article 3.
On 9th Nov 2013 I submitted a grievance (PRSEC/E/2013/18953) online to Mr. President of India and prayed to abolish Article 3a of Indian constitution with a Presidential Order Or at the least ask both the Houses of the Parliament to debate on the Article 3a about its necessity to keep it as is, and to take further action, And to abolish Article 3 forever in due course. I alerted him that the division of AP State is neither initiated by him nor by the concerned/affected state AP legislatures, and reminded him that he don’t have authority to divide the states, and also requested him to let us know officially whether he constituted GOM on AP State division or did he gave permission to Union government to divide AP State? If the answer is yes, then we can approach the Supreme Court of India for the justice. He didn’t take any action, Instead he let the legislature to enact unconstitutional Andhra Pradesh State Reorganization Bill 2013. As per article 368 it was supposed to be sent to all State Assemblies for their ratification. Then only he can sign the bill. Without doing this, he violated aforesaid process in the Constitution and signed the bill and implemented the ill will of UPA government through Andhra Pradesh State Reorganization Act 2014. Because of this the voting rights of all the States were denied and allowed new member into their union without their (Union Members) permission.
Denial of voting rights to all states means entire India’s population voting rights are denied, it amounts to Human Rights violation.
20th Nov 2013 I wrote to Chief Ministers of all states through email to request and oblige CM and their state legislatures to discuss and pass a resolution to repeal the Article 3 or at the least Article 3a for now from the constitution of India, and pass it on to Mr. President of India for further action, since they are the members of the Union and it is all about their Sovereignty. The same (email) has been copied to Prime Minister of India (Manmohan Singh) & GOM on AP State division. All the State’s and their legislatures failed to protect their Sovereignty, to protect their voting rights, to raise their voice and to respond to my letter. I alerted the prime Minister and GOM on AP State division that what they are doing is wrong.
On 2nd Dec 2013 I wrote to Parliamentary Affairs Minister Kamal Nath stating that I submitted the grievance to President of India and that was supposed to forward for him to ask both the Houses of the Parliament to debate on the Article 3a and about its necessity to keep it as is, and to take further action, instead my grievance was ended up on a irrelevant desk.
On 17th Dec 2013 I e-filed PIL Civil Writ Petition 207 of 2014 as Petitioner-In-Person in Supreme Court of India to prevent Andhra Pradesh State division, to prove that the Indian states are Sovereign and Article 3 is Unconstitutional, since it is not as per the fundamentals and principles of a Union, And to prevent misinterpretation and misuse of Article 3. Article 3 is like an appendix in our body, now it is in acute condition, so it must be removed. SC failed to take up this case in time, SC registry responded poorly and intentionally blocked the cases from listing before March 1st. On 1st Mar the Union Government carried away with their ill will and President signed the AP State Reorganization Act 2014 without 50% of the State’s ratification by violating Article 368.
On 4th March Union Govt. announced that the 2nd June 2014 is the appointment date for AP State Reorganization Act 2014 through gazette publication. On 7th Mar SC admitted the Civil Writ Petition 161 of 2014 and some other cases, which are related AP State division. On 10th March Supreme Court admitted my case (207) and it was tagged with 161, ordered to serve the notices and refused to give interim stay. Later on it was listed for hearing on 5th May along with 161 and other cases. On 10th March SC bench gave chance to present/argue the petition only to senior council, we petitioner-in-persons didn’t got a chance to speak and the case was adjourned to 20th Aug 2014, all the respondents already got 60 days of time to respond, but SC bench gave extra 45 days of time to respond. This is so absurd and irresponsible, these cases deserve a expedite process since the Act was coming to force within 27days i.e. starting from June 2nd. On Feb 18th Lok Sabha and on 20th Rajya Sabha approved AP State Reorganization Bill 2014.
Article 368 says that “…Provided that if such amendment seeks to make any change in—
(a) article 54, article 55, article 73, article 162 or article 241, or
(b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or
(c) any of the Lists in the Seventh Schedule, or
(d) the representation of States in Parliament, or
(e) the provisions of this article,
the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States by resolutions to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent …”.
AP State reorganization Bill 2014 is changing the representation of states in Parliament. AP State representation is changing from 42 MP’s to 25 MP’s and a new state called Telangana is going to represent with 17 MP’s in Parliament.
From 20th Feb to 1st Mar 2014, Indian State Assemblies were not in session. It’s a known fact that the Union Govt. didn’t send the AP State reorganization Bill 2014 to all State Assemblies for their ratification, which is the mandatory for this bill as per Article 368. Without 50% of State Assemblies approval President of India signed this bill on 1st Mar 2014 and made AP State reorganization Act 2014. So this Act is unconstitutional. Union Govt. took away the voting rights of the 28 States.
With the above facts I filed another PIL Civil Writ Petition 456 of 2014 in Supreme Court of India through advocate Debasis Mishra. We mentioned this case before vacation bench on May 23rd before the Act’s appoint date 2nd June. SC bench refused to take up this case since another bench is handling the AP State division cases. On 3rd July the Supreme Court admitted this case, ordered to serve the notices, tagged with 161 case, refused to give interim stay order and listed the matter on 20th Aug. On 19th Aug SC registry took away the case from 20th listing and came with an excuse that in a newly filed case the notices weren’t served. So far the case isn’t listed. Supreme Courts primary duty is to safe guard the Constitution, it is supposed to take up this issue through Suo-muto action with outmost urgency. It failed to protect the constitution. Why SC isn’t serious about this case at all? All the cases are pending with them, but they are planning to divide the AP High Court, it looks like the SC is prejudiced against all the petitions without fair hearing. Isn’t it absurd?
On 27th May 2014 I wrote an email to new law minister RS Prasad, informed him that the UPA govt. violated Article 368 while making AP State Reorganization Act 2014. In that email I urged him, Prime Minister Mr. Narendra Modi and Mr. President of India to take up this matter seriously and postpone the implementation date of Andhra Pradesh State Reorganization Act 2014 to 1st Nov 2014, and give us a chance to seek Justice from honorable Supreme Court.
All the available concerned authorities failed to respond, They Denied and Delayed Justice to all the citizens of India. Constitutional violations are nothing but Human Rights violation for the entire population of that country. This issue exposed that all the systems are rallying behind the power/politicians, there isn’t any accountability in India. Doesn’t it come under bad governance?
Corruption takes place not just in the form of cash and kind, it can transform into any form. In this case UPA govt. abused political power, misused the Article 3 and it undermined the rule of law to manipulate human weakness to get benefit out of it in the form of votes and to come back in to the power, this is nothing but corruption at higher level.
E. Whether complaint is against Members of Armed Forces/Para-Military. No
F. Whether similar complaint has been filed before any Court / State Human Rights Commission. Supreme Court of India
G. Name, designation & address of the public servant against whom Complaint is being made.
Union of India, Through Its Cabinet Secretary,
Cabinet Secretariat, Rashtrapati Bhawan,
New Delhi – 110004, INDIA.
H. Name, designation & address of the authority/officials to whom the public servant is answerable.
President of India
Rashtrapati Bhawan,
New Delhi – 110004, INDIA.
I. Prayer / Relief if any, sought
Hence I request this honorable Human Rights Commission to intervene in this matter at the earliest and declare that the AP State Reorganization Act 2014 is unconstitutional and direct the Union of India to take necessary steps and revive the Constitution from its grave and also give us a fair and speedy hearing to protect our Human Rights.
Because of unconstitutional AP State Reorganization Act 2014,
- 1/10th of Indian population is under the rule of two illegally (Telangana and Andhra state) formed governments, and people are struggling to cope.
- Huge amount of public / tax-payers money is getting wasted, and also it is bogging down the Indian economy.
- Due to the division of resources, farmers are dying, for construction of new capital AP Govt. is collecting 30,000 acres of lush green high yielding farming lands around Guntur and Krishna districts of AP State, that means India is going to lose 24,000 hectares of gross cropping area. Is it going to be confined to this area only or its going to take more fertile land for real estate and industries?
- This Act divided self-sustained state into 2 unstable states, now both new states are quarreling for resources and begging for centers help, for special status and grants.
Union Govt. took away the voting rights of the 28 States. Our Constitutional rights are blocked, the Justice is Denied and Delayed to all the citizens of India. Some urgent action is needed to protect our Constitution.
Thanking You
Vishnu Alluri
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