The Union Law Ministry on Wednesday clarified that the Telangana Bill did not require Constitutional amendment and would be treated as a simple legislation that could be passed by voice vote.
The ministry said this in response to a reference from the Union Ministry of Home Affairs (MHA) based on a query from the Lok Sabha secretariat that whether Constitutional amendment was required to create a Legislative Council.
Citing Article 3 and 4(2) of the Constitution, the Law Ministry said the Group of Ministers (GoM) constituted to look into Andhra Pradesh bifurcation report had already deliberated on the Constitutional amendment issue before directing the Union Ministry of Home Affairs to prepare a Cabinet note and the Union Cabinet clearing the Bill.
“The issue was discussed with Law Ministry officials during the GoM meeting and there was no need to seek its opinion for the second time.
The Constitutional amendment issue was satisfactorily addressed,” an Union Ministry of Home Affairs official said. Article 3 of the Constitution provides for formation of new states and alteration of areas, boundaries or names of existing states.
Article 4(2), while dealing with laws made under Article 3, states: “No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purpose of Article 368.”
Article 368 deals with Power of Parliament to amend the Constitution and procedure.