Above: The board on the Andhra-Telangana border signals entry into Telangana/Photo: highwayonlyway.com

Despite the Andhra Pradesh Reorganisation Act, 2014 being enacted four years ago, there has been little movement and both Andhra Pradesh and Telangana function from the same high court

~By Vinay Vats

Though the Andhra Pradesh Reorganisation Act, 2014, or the Telangana Act, was enacted to create the state of Telangana and thereby divide Andhra Pradesh, even after four years there has been little progress.

Recently, Sudhakar Reddy, a member of the legislative council of Andhra Pradesh and a Congress member, approached the Supreme Court, alleging that no action had been taken till date on many provisions of the said Act. This also includes setting up of separate high courts for the two states as per Section 31 of the Act, distribution/allocation of Andhra Pradesh Bhawan as per Section 48, distribution of employees, pension liability and an apex council for distribution of the waters of the Krishna and Godavari rivers.

The Act was meant to create boundaries between the two states, determine their assets and liabilities, and make Hyderabad the permanent capital of Telangana and the temporary capital of Andhra Pradesh. The Act was published in the official gazette on June 2, 2014.

However, the Bill in this regard was rejected by the Andhra Pradesh assembly and council because only 119 MLAs were from Telangana out of 294. Non-Telangana MLAs were strictly against the bill to divide Andhra Pradesh into two states. This is the first instance of a state being reorganised despite opposition by the state legislature.

In August 2013, a Group of Ministers was formed by the Union cabinet led by Home Minister Sushil Kumar Shinde to look into the division of Andhra Pradesh. Even after a long protest in both Houses, the Bill was introduced by then Lok Sabha Speaker Meira Kumar on February 13, 2014. It was passed by voice vote in the Lok Sabha with support from the BJP. Live telecast from the House was cut off and the doors were shut when the Bill was passed. Some even called it a “black day” for the Indian Parliament.

In order to stop the reorganisation of Andhra Pradesh, some nine petitions were filed in the Supreme Court. How-ever, the Court rejected all of them, stating that it did not think it would be appropriate for it to interfere.

However, after the Bill was passed, notices were issued to the centre. One of the petitioners claimed that Parliament did not have the power under Articles 3 and 4 of the Constitution nor was there any other provision which allowed the division of a state except by an appropriate amendment to Article 368. However, the law ministry considered the issue and brought appropriate amendments to the Act to make it legally valid.

At that time, there were discussions for a common high court for Andhra Pradesh and Telangana and it was felt that this would not be feasible as the existing high court was located in Hyderabad and would become the high court of Telangana after the reorganisation. It was stated in the Bill that there would be a common high court for both states and expenses incurred would be shared by both states, based on the population ratio until a separate high court was set up under Article 214 for the residuary state of Andhra Pradesh. The Andhra Pradesh Public Service Commission was declared to be part of the state of Andhra Pradesh and a separate one was set up for Telangana.

Meanwhile, the name of the Andhra Pradesh High Court was changed to the High Court of Judicature at Hyderabad but no separate high court was set up.

Other Sections of the Act were:

• Section 89: It deals with project-wise specific allocation, if such an allocation has not been made by a tribunal constituted under the Inter-State River Water Disputes Act, 1956.
• Section 90: It is expedient in the public interest that the Union should take under its control the regulation and development of the Polavaram Irrigation Project for the purposes of irrigation.
• Section 92: Principles, guidelines, directions and orders issued by the central government, on and from the appointed day, on matters relating to coal, oil and natural gas, and power generation, transmission and distribution as enumerated in the Twelfth Schedule shall be implemented by the successor states.
• Section 93: The central government shall take all necessary measures as enumerated in the Thirteenth Schedule for the progress and sustainable development of the successor states within a period of 10 years from the appointed day.
• Section 94: Fiscal measures and tax incentives to promote industries in backward areas of both states.
• 7th Schedule: Dealt with fund distribution.
• 8th Schedule: Dealt with river management
• 12th Schedule: Dealt with distribution of coal, oil and gas, and power between the states.
• 13th Schedule: Establishment of educational institutions and development of infrastructure. The centre was to take steps to establish institutions of national importance in the 12th and 13th Plan periods in the successor state of Andhra Pradesh.

It remains to be seen if the tardy progress so far will be speeded up after pressure from the Supreme Court.