The big fat lie by Moily

Union Law Minister Veerappa Moily’s statement that

The Bill cannot be taken up Parliament till it is passed by the Assembly.

has come as a surprise to many. Article 3 of Indian Constitution clearly states that the state assembly resolution is not necessary or mandatory for passing a bill in the Parliament.

Following is the step wise procedure as proscribed by the Constitution for formation of the new state.

1. The President of India Must FIRST Refer Telangana State Bill to the AP Assembly.


The President will do this after he receives a request from a member of Parliament requests his recommendation for his bill.

This request can be made either by the MPs from the Party in Power or any other MP.

Article 3 of India Constitution specifically removed this power to create a state from the Government of India and gave it to the President of India.

Article 3 also gave the power, to introduce a Bill to create a State, to every MP in office.

2. The President of India is ASKING for AP Assembly’s “VIEWS” ONLY. And NOT FOR Asembly’s CONSENT.

3. The President Must give a TIME FRAME within which the Assembly can submit its “Views”.

4. THEN ONLY the AP Assembly Shall submit its “Views” or even elect not to submit its views.

5. It is IMMATERIAL whether the AP Assembly submits its Views OR NOT

6. The President, after receiving the AP Assembly’s “Views” or after the expiration of the Time Frame stipulated. MUST ADVISE the Parliament to consider the T Bill for discussion EVEN if the AP Assembly does not submit its views.

7. The Parliament will then vote on it to Approve it – Telangana State.

8. Article 3 of India Constitution deliberately disallowed any requirement for Consent of any Institution of the State concerned – Neither the Assembly, nor the Chief Minister, nor the Political parties, nor the Governor nor the majority population of the State concerned. The Constitution clearly states that the Sovereignity is with the People of the State and NOT with the Government or the Legislature or the Governor of the State.
With this understanding, its very clear that Moily has made a big fat lie. The most unfortunate thing is that even the Country’s Law Minister does not know the Constitution, does not even attempt to learn, does not even think, and above all, does not even care for it. DEMOCRACY.