Court affirmed the preservation of federalism under Article 3 of the Constitution, rejecting the challenge to its constitutional validity while maintaining separation of powers.

1. This public interest litigation has been filed for the following reliefs:
"...this Hon'ble Court may be pleased to issue a writ, order or direction in the nature of Mandamus or otherwise declaring (1) that Art.3 of the Constitution of India is violating the basic structure and preamble of the Constitution of India apart from inconsistent with other provisions of the Constitution of India, particularly Part 3 of the Constitution of India and quash and set aside the same or alternatively declare the Constitutional (V Amendment) Act, 1955 insofar as it relates to not ascertaining the views from the State Legislature pertaining to provisions proposed in the draft bill sent to the State Assembly in pursuance of recommendation made by the President as well as prescribing time to express views pertaining to proposed bill as well as provision of bill is concerned as violating the basic structure and preamble of the Constitution of India and against the democratic and federal principles envisaged in the Constitution of India and quash and set aside the same; (2) restrain the Union of India from initiating any action in pursuance of Art.3 of the Constitution of India for bifurcation of State of Andhra Pradesh and formation of new State of Telangana without enacting any law or even issuing any executive instructions prescribing criterion, modalities and guidelines for exercising power under Art.3 of the Constitution of India or alternatively direct the Union of India to consider for making any legislation or issuing executive instructions prescribing guidelines, modalities for exercising power under Art.3 of the Constitution of India, particularly forming new States before initiating any action under Art.3 of the Constitution of India for bifurcation of State of Andhra Pradesh; (3) issue direction to the effect that as long as Art.371 - D is in force, the Union of India is not having any authority or power to exercise power under Art.3 of the Constitution of India for bifurcation of existing State of A.P., and forming proposed new State of Telangana; (4) also declare that restraining the present H.E. President of India from exercising constitutional power available under Art.3 of the Constitution of India in pursuance of any recommendation made by the Union Cabinet regarding bifurcation of State of Andhra Pradesh and forming new State of Telangana and (5) restraining all the non - official respondents from conducting any agitations, strikes, bundhs etc., either for bifurcation of State of Andhra Pradesh or opposing the same and pass such other order or orders as it deems fit and proper."

2. Basically there are four portions in the writ petition, going by the above prayer portion. First one is essentially challenge to the vires of Art.3 of the Constitution of India on the ground that it purports to hit to the basic structure and preamble and inconsistent with Part III of the Constitution of India. Alternatively, second prayer is to declare the Constitutional (Fifth Amendment) Act, 1955 by which a proviso has been added to Art.3, which according to petitioner is constitutionally invalid as it is violative of basic structure and preamble of the Constitution of India. The third prayer is that Union of India should be restrained from initiating any action in pursuance of Art.3 of the Constitution of India for bifurcation of State of Andhra Pradesh and formation of new State of Telangana without enacting any law or even issuing any executive instructions prescribing criterion, modalities and guidelines for exercising power under Art.3 of the Constitution of India. The four