Hyderabad: Though Union ministers Rajnath Singh and M. Venkaiah Naidu have readily agreed to a request from Chief Ministers K. Chandrasekhar Rao and N. Chandrababu Naidu over increasing Assembly seats in both the States as per the Reorganisation Act, sources said Home and Law Ministry officials are in dilemma over how to go about it.
Section 26 of the AP Reorganisation Act on one hand provides increase of Assembly seats in both the States, but the same Section also says everything should be subject to Article 170 of the Constitution, which deals with delimitation of Assembly segments.
Article 170 clearly puts a cap on fresh delimitation till 2026. Many times Union ministers of state for home, made the government policy clear that there could be no thinking of increasing Assembly seats in both the states as Article 170 put a cap on it at least till 2026.
In order to overcome this, officials have been told to work out an amendment to Section 26 of the AP Reorganisation Act putting ‘notwithstanding anything contained in Article 170 of Constitution’ by replacing the existing words ‘Subject to Article 170’.
If that is agreed upon, a simple amendment can be passed in both the Houses of Parliament by a simple majority. However, the Law Ministry officials took objection to this proposal, stating that unless Article 170 is amended it cannot be taken up.
On this also there is a dilemma, the sources said. There are two types of Constitutional Amendments being followed for passage.
One is, adopting the Amendment by securing a Special Majority in both the Houses, which means two-thirds members of each House should be present and voting.
The second type is, Special Majority as well as passage of the same amendment by not less than 50 per cent of Legislatures in the country. The confusion among officials is in which category this amendment to increase more Assembly seats will fall. Second category amendments are necessary as and when Centre and State-related issues are involved.
Article 170 deals with the Lok Sabha as well as Assemblies of all States in fixing of seats and delimitation of constituencies.
“There is confusion among officials, we are going to sit with them and sort it out soon, we want the Amendment to be passed in the next session of Parliament which normally will be in July,” a Union minister who is monitoring the developments told DC.
