Andhra Pradesh Law Insider

Arryan Mohanty

Published on: March 17, 2022 at 10:11 IST

Introduction

The Telangana Act 2014, also known as the Andhra Pradesh Reorganization Act, was passed by the legislature in 2014 to carve Telangana out of Andhra Pradesh into Telangana. On March 1, 2014, the President gave his approval to the bill.

Earlier, version of this was brought into 2013 and it was rejected by the Andhra Pradesh Legislative Assembly. Telangana, a new state with ten districts, was formed as a result of this Act’s implementation. The official formation of the 2 states was done on June 2, 2014.

This Act divided all the assets, liabilities, boundaries and contracts between the two successor states. After years of protests and agitation, and in response to the Telangana movement’s massive demand for a new state, the Central Government, led by the United Progressive Alliance, decided to split and bifurcate the state of Andhra Pradesh into Telangana and the remainder of the state.

In 2013, the Union cabinet appointed a panel of ministers led by S.K. Shinde, then Minister of Home Affairs, to assess the state of Andhra Pradesh and determine the best conditions for the state’s bifurcation.

P. Chidambaram, the finance minister, and Ghulam Nabi Azad, the Health Minister, were both members of this committee at the time. The Committee also considered Shri. Krishna’s Committee’s recommendations, which were based on a review and consultation of the conditions in Andhra Pradesh at the time.

After a long period of opposition protests, Meira Kumar, the then-Speaker of the Lok Sabha, ultimately passed the law carving apart the new state of Telangana from the state of Andhra Pradesh in February 2013.

Many MPs from non-Telangana areas opposed the bill, and it drew a lot of flak and condemnation from anti-Telangana activists. On February 18, 2014, the Lok Sabha passed the Telangana Bill. It was approved by the Rajya Sabha by voice vote.

According to the population ratio, a joint High Court will be established for both successor States, and costs will be shared until the new court is established in the residuary state of Andhra Pradesh under Article 214 of the Indian Constitution.

The current Public Service Commission will serve the residuary state of Andhra Pradesh, while the Union Public Service Commission, with the President’s consent, will serve as the Public Service Commission for the newly established state of Telangana.

After the Andhra Pradesh Reorganization Act takes effect, the board will create separate Krishna River Management Boards and Godavari River Management Boards to oversee the operation and management of dams, rivers, and reservoirs.

These boards will make decisions about new river projects and dams, as well as provide technical approval. River water will be shared between the two successor states.

The government is responsible for protecting life, peace, and liberty, as well as maintaining law and order in Telangana’s capital. It is the government’s responsibility to ensure that all functions in Hyderabad’s common capital are carried out with care.

After ten years, this clause will expire, and the government will decide on Andhra Pradesh’s new capital. For the next three years, the Greyhound training centre in Hyderabad’s core city will serve as a joint training centre for both the newly established state of Telangana and the residuary state of Andhra Pradesh.

Allocations of coal, natural gas, and other resources will be made to the newly established state of Telangana in accordance with the state government’s guidelines, strategies, and policies.

Background

Telangana Movement was a movement that demanded the creation of a separate state of Telangana. It has a long and illustrious history. Telangana is a Telugu-speaking province within the princely state of Hyderabad. It is located on the Deccan plateau and serves as a crossroads for mainland rivers like the Krishna and Godavari.

For many years, these rivers were at the core of countless dynasties. When Muslim invaders founded the princely state of Hyderabad in the 18th century, Britishers merged and effectively defeated the princely state of Hyderabad through subsidiary alliance during British administration.

The British Empire never included Telangana. On the basis of the instrument of accession, the princely state of Hyderabad, which was ruled by the Nizam, was integrated into Indian territory. Meanwhile, the Telugu-speaking portion of Madras was fully separated from the rest of the state.

Potti Sreeramulu attempted to force the Madras State government to listen to public calls for the separation of Telugu-speaking districts (Rayalaseema and Coastal Andhra) from Madras State to form Andhra State in order to defend the Telugu people’s interests.

He went on a long fast, only breaking it after Prime Minister Jawaharlal Nehru committed to create Andhra Pradesh. For a long period, though, there was no action on the problem. On October 19, 1952, he resumed fasting at Maharshi Bulusu Sambamurti’s residence in Madras.

Despite the Andhra INC committee’s condemnation of the fast, it began quietly and progressively drew people’s attention. Despite numerous strikes and rallies by Telugu people, the administration has not made a definite announcement about the foundation of a new state.

Sreeramulu died in House No. 126, Royapethah High Road, Mylapore, Madras State, on the 15th of December (early 16th of December 1952) while attempting to fulfil his goal; the house has been preserved as a monument by the state government.

The States Reorganization Committee was established in 1953 by Pandit Jawaharlal Nehru, then Prime Minister of India, with the goal of separating Telangana and forming a new state, but Nehru was forced to abandon his plan after the savage revolutionary movement in Hyderabad.

The States Reorganization Act constituted merged Andhra Pradesh by merging Andhra State with the Telugu-speaking portions of the already existing Hyderabad State, based on the gentlemen’s agreement of November 1, 1956.

The new state’s capital was named Hyderabad. Hyderabad State’s Marathi-speaking areas united with Bombay State, while the Kannada-speaking areas merged with Mysore State.

The Andhra Pradesh Gentlemen’s Agreement was signed between Telangana and Andhra politicians prior to the creation of the state of Andhra Pradesh in India on February 20, 1956. The agreement included provisions to prevent the government of Andhra Pradesh from discriminating against Telangana.

Telangana was the largest of Andhra Pradesh’s three regions, accounting for 41.47 percent of the state’s total territory. It is home to 40.54 percent of the population of the state. Supporters of a separate Telangana state point to perceived inequities in water distribution, budget allocations, and job opportunities.

Within the state of Andhra Pradesh, 68.5 percent of the Krishna River’s catchment area and 69 percent of the Godavari River’s catchment area are in Telangana’s plateau region, with the rivers flowing through the rest of the state into the Bay of Bengal.

The Deccan Plateau is made up of Telangana and non-coastal sections of Karnataka and Maharashtra states. Telangana supporters claim that Coastal Andhra receives 74.25 percent of irrigation water through the canal system under major irrigation projects, whereas Telangana receives 18.20 percent.

The Rayalaseema region receives the remaining 7.55 percent. Telangana receives 9.86 percent of education funding in government-aided primary schools and 37.85 percent in government degree colleges. The expenditures in Hyderabad are included in the above figures.

Telangana’s budget allocations are often less than a third of the overall budget for Andhra Pradesh. There are allegations that monies allotted to Telangana were never utilised in most years.

Since 1956, the government of Andhra Pradesh has built 11 new medical institutions in the state. Only three were from Telangana and eight were from Seemandhra.

Only 20% of overall government employees, less than 10% of secretariat staff, and less than 5% of department heads in the Andhra Pradesh government are from Telangana, according to Professor Jayashankar; people from other regions make up the bulk of employment.

He further claimed that Telangana chief ministers had only been in power for 6 1/2 years out of the state’s almost five decades of existence, and that no chief minister from the area had been in office for more than 2.5 years.

Telangana held the position of Chief Minister for 10.5 years, while the Seema-Andhra region held it for 42 years, according to the Srikrishna committee on Telangana.

Proponents of a separate Telangana state believe that during the previous fifty years, the legislature and Lok Sabha have failed to honour agreements, plans, and commitments, leaving Telangana ignored, exploited, and underdeveloped. They claim that the attempt to continue as one state has proven unsuccessful, and that separation is the best answer.

Salient Features of the Act

The Telangana Act, 2014, or Andhra Pradesh Reorganization Bill, 2014, has 108 sections divided into twelve parts and thirteen schedules. The Governor will nominate one member to represent the Anglo-Indian community in the legislative assembly of both successor states.

Except for those districts listed in the Schedule, the state of Andhra Pradesh will be made up of all of the districts that will cease to be Telangana districts.

Following the implementation of the Andhra Pradesh Reorganization Act, a new state entitled Telangana was added to the list at number 29, up from number 28 previously. In India, there are now 29 states. This change is being made to the Indian Constitution’s First Schedule.

The state council of Andhra Pradesh will now have 17 members and the house of people of Andhra Pradesh will have 11 members. Previously, the council of states and houses of people had 18 and 25 members, respectively. This change is made to the Indian Constitution’s Fourth Schedule.

Telangana’s legislative assembly will have 119 seats, whereas Andhra Pradesh’s legislative house will have 175. The Governor will designate one member from each succeeding state to the legislative assemblies to represent the Anglo-Indian community of India, as per Article 333 of the Indian Constitution.

Keeping in mind the stipulations of Article 170 of the Indian Constitution and Section 15 of the Andhra Pradesh Reorganization Act 2014, the number of seats in the legislative assembly in the state of Andhra Pradesh has grown from 175 to 225, and in the state of Telangana from 119 to 153.

Legislative councils will be formed for both the state of Andhra Pradesh and the state of Telangana under the provisions of Article 169 of the Indian Constitution. The legislative council will have a total of 50 and 40 members, respectively.

Any advocate who is practicing in the High Court of Hyderabad before the appointed date and is an advocate there can transfer his name and give his option in writing within one year from the date of the Bar Council of such existing state, he can transfer his name from the High Court of Hyderabad to the High Court of Telangana, without affecting any of the provisions mentioned in the Advocates Act, 1961.

Revenue and other financial components will be split evenly between the two successor states depending on population ratios and other factors. The thirteenth Financial Commission addressed this.

The President of India stated in his fourteenth finance commission that separate rewards should be granted for both successor states. For a 10-year transition phase, the common admission method will be followed by both successor states.

Admission quotas will apply to both private and public institutions, whether aided or unassisted, and students from both states will be given equal opportunity. Discrimination against students from both states will not be accepted.

The successor states will be entitled to benefits and will be responsible for all expenditures and expenses incurred as a result of the state of Andhra Pradesh’s choices.

In the event of any problem or impediment, the President of India may issue an order or take other action that is compatible with the terms and principles set forth in this Act, namely the Andhra Pradesh Reorganization Act, 2014. One thing to keep in mind is that any order issued under this Section must be presented to each house of Parliament.

Amendment

Mr Rajnath Singh, the Minister of Home Affairs, introduced the Andhra Pradesh Reorganization Amendment Bill, 2015 to the Parliament in 2015. Its goal is to make changes to the Andhra Pradesh Reorganization Act of 2014.

The Lok Sabha passed the bill on March 17, 2015, and the Rajya Sabha passed it on March 20, 2015.

The Andhra Pradesh Reorganization Act, 2014 provides for the bifurcation of the state of Andhra Pradesh, as well as separate legislative assemblies, the council of states, case and credit distribution, finance and revenue distribution, representation of successor states in Parliament, creation of separate cadres in administrative services, new water resources and river dams, and other provisions.

However, the Andhra Pradesh Reorganization Amendment Bill, 2015 aims to change the current regulations by raising the number of members from 50 to 58.

In addition, this law aims to expand the number of members chosen from towns and local boards from 17 to 20. The same is true for members of legislative assemblies who are elected. The goal of this law is to raise the maximum number of members selected by the Governor from 6 to 8.

Other aspects of the Andhra Pradesh Reorganization Act, 2014 are unaffected by the bill and will not be altered. They are not to be changed in any way.

Conclusion

The Act was implemented on June 2, 2014, thus forming the 29th State of India, i.e., Telangana. Kalvakuntla Chandrasekhar Rao, a prominent face during the Telangana State Movement, was sworn-in as the first Chief Minister of the newly formed State.

Since April 2014, a number of petitions challenging the constitutionality of the Andhra Pradesh Reorganization Act, 2014 have been pending before the Supreme Court constitutional bench for a decision.

On September 4, 2014, Andhra Pradesh’s then-chief minister, Nara Chandrababu Naidu, announced in the Legislative Assembly that the state’s new capital would be built between Guntur and Vijayawada.

On April 1, 2015, Amaravati was named as the capital of the Andhra Pradesh. The government of Andhra Pradesh began working from Amaravati, the state’s newly planned capital city, in 2017.

References

legislative.gov.in

the-andhra-pradesh-reorganisation-bill-2014

demand-separate-telangana-state-what-are-real-issues

https://lawzmag.com/2017/07/14/andhra-pradesh-reorganization-act-2014-a-brief-relook/

the-andhra-pradesh-reorganisation-amendment-bill-2015

Also Read: An Overview of Krishna River Water Dispute

 

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