Andhra Pradesh Reorganisation Act, 2014
Andhra Pradesh Reorganization Bill, 2013 commonly called Telangana Bill is a draft bill proclaiming the bifurcation of the Andhra Pradesh state into two states, Telangana and residuary Andhra Pradesh.[1] The draft bill is of 69 pages containing all aspects of division of assets and liabilities, finalize the boundaries of the proposed new states and Article 371 D, Status of Hyderabad.[2][3] The Bill was rejected by Andhra Pradesh Legislative Assembly on January 30, 2014.[4]
The bill was passed in the Lok Sabha on 18th February 2014, during a blackout of live telecast.
History
The Union Cabinet formed a Group of Ministers (GoM) in August 2013 led by Union Home Minister, Sushil Kumar Shinde. The members include Finance Minister, P. Chidambaram, Health Minister Ghulam Nabi Azad, Law Minister Veerappa Moily, Union Rural Development Minister Jairam Ramesh and Narayanaswamy.
Methodology
The methodology adopted by the GoM is by meeting all the stakeholders. It also took Srikrishna committee on Telangana into account.
The Bill
The bill is introduced on 5th December 2013 first day of winter session, cabinet approved the telangana with ten districts. Hyderabad will remain as common capital under governer supervision till new capital for Andhra Pradesh was developed. Capital for Andhrapradesh will be declared in 45 days. [5] It is likely to be named as Andhra Pradesh and Telangana Bill in order to avoid an amendment to the constitution.
The Bill has been drafted based on the boundaries of the proposed Telangana State as approved by the Cabinet in the meeting held on October 3, 2013. Successor state of Telangana will have 119 elected MLAs, 40 MLCs, 17 MPs of Lok Sabha and 7 MPs of Rajya Sabha. The successor state of Andhra Pradesh will have 175 elected MLAs, 50 MLCs, 25 MPs of Lok Sabha and 11 MPs of Rajya Sabha.
There would be a common High Court and its expenditure would be apportioned between the two successor states based on population ratio until a separate HC is set up under Article 214 for the state of AP. The existing Public Service Commission shall be the Public Service Commission for the state of AP and the UPSC would, with the approval of President, act as the PSC for Telangana
The ministry of water resources, GoI, shall constitute Krishna River Management Board and Godavari River Management Board within a period of 60 days from the date of coming into force of the Andhra Pradesh Reorganisation Bill-2013. The Boards shall be responsible for the administration, regulation and maintenance of the head works of the dams, reservoirs or head works of canals and hydel power projects as notified by the GoI on Krishna and Godavari Rivers strictly to implement all the awards made by the Tribunals
The Boards shall be responsible for making an appraisal of proposal for construction of new projects on Krishna and Godavari rivers and give technical clearance.
The Governor shall have special responsibility to the security of life, liberty and property of all those who reside in the common capital of Hyderabad. The Governor’s responsibility shall extend to matters such as law and order, internal security and safety of all vital installations in the discharge of these functions. This transitory provision shall cease to be have effect after such period not exceeding 10 years.
The Bill provides for creation of separate cadres of All India Services in respect of the two states from the appointed day, Advisory Committee(s) would be constituted to ensure fair and equitable treatment of all employees.
The GoI shall help the successor states of Telangana and AP in raising additional police forces for maintenance of public order and shall also deploy one additional unit of the force in Hyderabad for a period of five years.
The Greyhound training centre in Hyderabad shall function as common training centre for the successor states for three years. In this period of three years, the GoI shall assist the successor state of AP in setting up a similar training centre for Greyhounds. The existing Greyhound and OCTOPUS forces shall be distributed between the two states.
Of the total equity of Singareni Collieries Company Limited, 51 per cent shall be with Government of Telangana and 49 per cent with Government of India. Existing coal linkages of SCCL shall continue without any change. New linkages shall be allotted to the successor States as per the new coal distribution policy by Government of India.
Allocation of natural gas will continue to be done as per the policies and guidelines issued by the GoI. The royalties payable on domestic onshore production of oil and gas shall accrue to the state in which such production takes place. Allocation of power from Central generating stations shall be allocated to the successor states in the ratio of the average of the actual energy consumption of last five years of the relevant Discoms. For a period of 10 years, the successor state that has a deficit of electricity shall have the first right of refusal for the purchase of surplus power from the other state.
Petitions against the Bill in Supreme Court
Nine petitions were filed in supreme court requesting for a stay of Andhra Pradesh Reorganization Bill, 2013 tabling in parliament. The supreme court later rejected the pleas saying, "We do not think this is the appropriate stage for us to interfere". And they would only consider the petition if the bill is passed in parliament. [6]
Rejection of the Bill in Assembly
The bill was decisively rejected by the Andhra Pradesh Legislative Assembly and Council on 30th January 2014. The rejection, was accompanied by recording of 9,072 amendments and expression of views on its various clauses by its MLAs, and 1,157 like suggestions by its MLCs . But , according to Article 3 of the Constitution of India , the power to form a new State vests with the Parliament , provided that the Bill creating such a State is introduced on the recommendation of the President and he has referred it to the legislature of the affected State “for expressing its views thereon.” This linear interpretation of the Article would render the view that the Andhra Pradesh Assembly will have no legal effect and the formation of Telangana is solely the prerogative of the Government of India.[7]
The Bill introduced in Lok Sabha
Amidst a lot of protest in the Lok Sabha the lower house of the parliament, the bill was introduced by the speaker Meira Kumar at 12:00PM on 13th February 2014. [8] During this time there was lot of shouting slogans in the parliament and MP Lagadapati Rajagopal used pepper spray in the parliament. [9] Later he said he was attacked by some Congress MPs from other states and has to use it in self-defense. The parliament was then adjouned at 12:05PM to 02:00PM.[10] Leader of the opposition in Lok Sabha Sushma Swaraj said she does not know if the bill was introduced and denies to acknowledge that it was introduced.[11]
Andhra Pradesh MPs suspended
Lok Sabha Speaker Meira Kumar on Thursday suspended 18 MPs from Andhra Pradesh for rest of the session. The MPs suspended were 11 MPs of INC, Sabbam Hari, Anantha Venkatarami Reddy, Rayapati Sambasiva Rao, SPY Reddy, M Sreenivasulu Reddy, V Aruna Kumar, A Sai Prathap, Suresh Kumar Shetkar, KRG Reddy, Bapi Raju Kanumuri and G Sukhender Reddy. 3 MPs of TDP Niramalli Sivaprasad, Nimmala Kristappa, K Narayana Rao, 2 MPs of YSR Congress and Y S Jaganmohan Reddy and M Rajamohan Reddy. And two others from Telangana region.[12] [13] [14]lagadapti rajagopal turned out to be the hero by protecting the attacking MP With pepper spray and he became andhra bhagat singh
The Bill passed in Lok Sabha
On 18th February 2014, Home Minister Sushilkumar Shinde moved the bill for consideration at 3PM in Lok Sabha even though ministers and MPs from Seemandhra region were in the well opposing bifurcation of the State (apart from the 16 MPs from Seemandhra region of Andhra Pradesh who were suspended).
References
- ^ http://www.thehindu.com/news/national/andhra-pradesh/ap-bifurcation-gom-to-recommend-special-status-to-both-states/article5414840.ece
- ^ http://www.firstpost.com/india/special-status-to-telangana-residuary-ap-under-article-371-d-1262525.html
- ^ http://timesofindia.indiatimes.com/india/Andhra-Pradesh-bifurcation-GoM-for-special-status-to-both-states/articleshow/26751428.cms
- ^ "Andhra Pradesh assembly rejects the Bill for separate Telangana". IANS. Biharprabha News. Retrieved 30 January 2014.
- ^ http://articles.timesofindia.indiatimes.com/2013-11-28/india/44545804_1_gom-draft-bill-andhra-pradesh-reorganisation-bill
- ^ "Supreme Court rejects 9 petitions seeking stay on Centre's Telangana plans". NDTV.
- ^ Arghya Sengupta Alok Prasanna Kumar. "Interpreting a federal Constitution". The Hindu. Retrieved 4 February 2014.
- ^ "Telangana Bill introduced in Lok Sabha". Times of India.
- ^ "Telangana: Indian MP uses pepper spray in parliament". BBC.
- ^ "Used pepper spray in self defence as a mob attacked me". CNN-IBN.
- ^ "Opposition refuses to accept Telangana bill introduced". Times of India.
- ^ "Telangana crisis: 18 Andhra MPs suspended from Lok Sabha over ruckus in Parliament". The Indian Express.
- ^ "18 Andhra MPs suspended from Lok Sabha". The Hindu.
- ^ "16 Andhra MPs suspended from Lok Sabha". TOI.