How they done away 371?See Bobmay State Re-organisation Act-1960

By Dr.Nishanth

There is some interesting as well few misleading discussions going in Media about article 371D:

1) that it should be amended by 2/3 rd majority for the creation of Telangana state.

2) or it can be done easily under article 4 and few more similar discussions

However, none of the above are needed to amend/change 371D, as similar article 371 provided special provision with respect to the States of Maharashtra and Gujarat. But before 1960 i.e. before Bombay state division, the article 371 was read as Bombay state. In 1960 with the division of Bombay state, 371 articles was changed as States of Maharashtra and Gujarat. This change was done by Bombay Re-organisation act 1960 in part 9 (Legal and Miscellaneous Provisions), which was passed by parliament SIMPLY ACCORDING TO ARTICLE 3.

So same procedure will be applicable to Andhra Pradesh state division or creation of Telangana and Andhra (Pradesh) states. First 371D of existing Andhra Pradesh state will be nullified on default. After division by Andhra Pradesh State Re organisation act (for which the Bill may be introduced soon) then 371D will simply be read as (new) States of Andhra Pradesh and Telangana. That means, article 371D will continue as a default for both states.

Then, if respective two states want to remove OR make any changes to 371D (of their own state) OR continue the status quo, it is up to that state. And then by merely passing the presidential order, these features of article 371(D) can be implemented or can change into new one according to new state wishes.

Here is an excerpt of Act:

‘Part 9
Section85 – Amendment of Article 371 of the Constitution

As from the appointed day, in article 317 of the Constitution, in clause (2)

(a) for the words “the State of Bombay”, the words “the State of Maharashtra or Gujarat” shall be substituted; and

(b) for the words “the rest of Maharashtra”, the words “and the rest of Maharashtra or, as the case may be”, shall be substituted.

Please find Bombay State Re-organisation act 1960 attachment:

http://www.legalcrystal.com/acts/description/52071