The Andhra Pradesh Reorganisation Act of 2014, commonly known as the Telangana Act, is an Act of Indian Parliament that split the state of Andhra Pradesh into Telangana and the residuary Andhra Pradesh state,[1] as an outcome of the Telangana movement. The Act defined the boundaries of the two states, determined how the assets and liabilities were to be divided, and laid out the status of Hyderabad as the permanent capital of new Telangana state and temporary capital of the Andhra Pradesh state.[2][3]
An earlier version of the bill, Andhra Pradesh Reorganisation Act, 2013, was rejected by the Andhra Pradesh Legislative Assembly on 30 January 2014.[4] The 2014 bill was passed in the Lok Sabha on 18 February 2014 and in the Rajya Sabha on 20 February 2014.[5] The bill was attested by the President of India, Pranab Mukherjee on 1 March 2014 and published in the official Gazette on 2 March 2014, where as 2 June 2014 is the 'appointed day' according to the act.[6] The new states were created on 2 June 2014.[7]
A no-confidence motion against the Congress government was submitted to the speaker of the house Meira Kumari by Congress MPs from Andhra Pradesh making the sitting government a minority government was rejected by the speaker. Amidst a lot of protest in the Lok Sabha (the lower house of the Parliament of India), the bill was introduced by the speaker Meira Kumar at 12:00pm on 13 February 2014.[10] During this time, there was a lot of shouting of slogans and disruption of proceedings by the Seemandhra (non-Telangana) MPs in the parliament who were determined to stop the bill. The Indian National Congress party MP's attacked the anti-Telangana protestors, and the MP Lagadapati Rajagopal used pepper spray in the parliament. Later he said he was attacked by some Congress MPs from other states and had to use it in self-defense. The parliament was then adjourned at 12:05pm to 02:00pm.[11]
The leader of the opposition in the Lok Sabha Sushma Swaraj said she did not know if the bill was introduced.[12] On 18 February 2014, the Telangana Bill was passed by the Voice Vote in the Lok Sabha with support from the Bharatiya Janata Party (BJP) while the live telecast of the House was cut off and the doors and galleries were sealed.[13][14][15] The Seemandhra leaders accused the United Progressive Alliance government of having taken it up for electoral gains and said it was a "black day" for the Indian parliament.[16]
On 20 February, the Telangana bill was passed by the Rajya Sabha (the higher house of parliament) with support from the BJP. MPs from various parties asked for division[clarification needed] but it was rejected by the speaker. Finally, the bill was passed by a voice vote.[17][18]
The bill received the assent of the President and published in the Gazette on 1 March 2014.[19]
Special category status
Jairam Ramesh said that the special category status for residual state of Andhra Pradesh is a decision of the Union Cabinet endorsed by the National Development Council (NDC) with the precedent of Uttarakhand. Uttarakhand was created by law in 2000 and got special category status only in 2002 by a decision of the Union Cabinet.[20]
Resolution for the united Andhra Pradesh in Assembly
Though only an opinion is required under Article 3 of the Indian Constitution, a resolution was adopted and the bill was rejected by the Andhra Pradesh Legislative Assembly and Council on 30 January 2014.[24] Only 119 out of 294 MLAs in state assembly are from Telangana. Non-Telangana MLAs opposed the bill. This was the first instance a state was re-organized after a state clearly expressed an opinion against the re-organization in Indian history.
Petitions against the Bill in Supreme Court
Nine petitions were filed in the Supreme Court of India requesting a stay of the tabling of the Andhra Pradesh Reorganisation Bill in parliament. The court rejected the pleas saying, "We do not think this is the appropriate stage for us to interfere". They would only consider the petition if the bill was passed in parliament.[25] But the court issued notices to the centre regarding the issue on 7 March 2014. The apex court would take up the issue on 5 May 2014.[26] The next hearing in the Supreme Court was scheduled for 20 August 2014[27] One petitioner approached the Supreme Court praying that the parliament does not have the power either under Articles 3, 4(2) or any other provision of the Constitution of India to divide a state except by an appropriate amendment of the Constitution under article 368 and with the unanimous consent of the people of the affected State or States.[28] While invoking Articles 2 & 3, the deemed constitutional amendment provision under article 4 (2) of the constitution bypassing Article 368 was said to be invalid after the 24th Amendment in 1971.[citation needed] The law ministry of the union government considered bringing appropriate amendments (including constitutional amendments) to the Act to bring legality to it.[29]
The common high court of Andhra Pradesh and Telangana states stated that the division of the high court located at Hyderabad can only be done with the formation of separate high court for Andhra Pradesh located in that state as per section 31 of the Act. A separate high court for Telangana can not be formed by dividing the present common high court as the existing high court at Hyderabad would become high court of Telangana state after the formation of one for Andhra Pradesh.[30]
On the applicability of the section 47 of Andhra Pradesh Reorganisation Act, 2014, the Supreme Court in its judgement clarified the manner the financial assets and liabilities of undivided state departments and corporations are to be shared between the new states.[31][32] In an effort to avoid the huge financial burden to finance the creation of many institutions in the truncated AP state, the affidavit of central government clinched the dispute against Telangana state.[33] AP state also decided to approach the Supreme Court regarding the discriminatory sharing of commercial taxes' income and refunds under sections 50, 51 and 56 of the act. The state was weary of the Central government's inaction for a long time to amend these sections such that it stood to lose INR 36 billion.[34]
2023: Supreme Court proceedings
The case was listed on 22 August 2023 for a hearing in the Supreme Court after repeatedly adjourning the hearings for the last six months without giving any reason.[35] Nearly 31 active petitioners are going to present their arguments before the Supreme Court bench comprising Justices K.M. Josheph (to retire in June 2023), B.V. Nagaratna and J.B. Pardiwala.[36] Since the case is related to constitutional matters, the proceedings would be telecast by live webcasting. [37]
Details of the Bill
The former state of Andhra Pradesh prior to the act, with the districts separated to form Telangana in white, and those remaining in yellow
The bill was introduced on 5 December 2013, the first day of the winter session in the Legislative Assembly of Andhra Pradesh. The Union cabinet approved formation of Telangana with ten districts. Hyderabad will remain as the common capital under the Governor's supervision for not more than ten years.[38] A new capital city for Andhra Pradesh would be declared in 45 days.[39]
The bill was drafted based on the boundaries of the proposed Telangana State as approved by the Union Cabinet in its meeting on 3 October 2013. The new state of Telangana would have 119 elected members of its legislative assembly, 40 members of its legislative council, 17 members of the Lok Sabha and 7 members in the Rajya Sabha. The residuary state of Andhra Pradesh would have 175 elected MLAs, 50 MLCs, 25 MPs of Lok Sabha and 11 MPs of Rajya Sabha.[citation needed]
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 court was set up under Article 214 for the residuary state of Andhra Pradesh. The existing Public Service Commission would be the Public Service Commission for the residuary state of Andhra Pradesh and the Union Public Service Commission would, with the approval of President, act as the Public Service Commission for Telangana.[40]
The Ministry of Water Resources of the Government of India would constitute a Krishna River Management Board and a Godavari River Management Board within a period of 60 days from the date of coming into force of the Andhra Pradesh Reorganisation Bill. The Boards would be responsible for the administration, regulation and maintenance of the head works of the dams, reservoirs or head works of canals, as notified by the Government of India on Krishna and Godavari rivers, to implement all the awards made by the Tribunals. The Boards would be responsible for making an appraisal of proposals for construction of new projects on Krishna and Godavari rivers and give technical clearance.[41] While not agreeing for the fresh water allocation of Krishna river among all the four riparian states, the extended Justice Brijesh Kumar tribunal ruled that the water sharing between Andhra Pradesh and Telangana states would be finalised project wise from the water allocations made to erstwhile Andhra Pradesh state by earlier Bachawat tribunal. It also stated that the primary reason for the division of the erstwhile state was to “fulfil the political and democratic aspirations of the people of Telangana region,” and not inequitable sharing of water.[42]
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 have effect after a period not exceeding 10 years.
The Bill provides for the creation of separate cadres of All India Services[clarification needed] 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.[citation needed]
The Government of India shall help the successor states of Telangana and Andhra Pradesh 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.[citation needed]
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 Andhra Pradesh in setting up a similar training centre for Greyhounds. The existing Greyhound and OCTOPUS forces shall be distributed between the two states.[citation needed]
Of the total equity of Singareni Collieries Company Limited (SCCL), 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 the Government of India.[citation needed]
Allocation of natural gas will continue to be done as per the policies and guidelines issued by the Government of India. The royalties payable on domestic on-shore 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.
Later, the Polavaram ordinance merging the project-affected villages in the residuary Andhra Pradesh state was accepted by the Parliament in July 2014.[43] Seven mandals from Khammam district of Telangana have been transferred to Andhra Pradesh. Four mandals from Bhadrachalam revenue division, namely Chinturu, Kunavaram, Vararamachandrapuram, Bhadrachalam (excluding the Bhadrachalam revenue village) were transferred to East Godavari district. Three mandals from Palvancha revenue division, namely Kukunoor, Velerupadu, Burgampadu (except 12 villages, namely Pinapaka, MorampalliBanjara, Laxmipuram, Burgampadu, Naginiprolu, Krishnasagar, Tekula, Sarapaka, Iravendi, Motepattinagar, Uppusaka, Nakiripeta and Sompalli), have been added to West Godavari district.[44] This came into force as the 16th Lok Sabha has passed the Polavaram Ordinance Bill with the voice vote on 11 July 2014.[45]
Jairam Ramesh (10 June 2016). Old History-New Geography: Bifurcating Andhra Pradesh. Rupa Publications India.
Related Research Articles
The president of India is the head of state of the Republic of India. The president is the nominal head of the executive, the first citizen of the country, as well as the supreme commander of the Indian Armed Forces. Droupadi Murmu is the 15th and current president, having taken office from 25 July 2022.
India is a federal union comprising 28 states and 8 union territories, for a total of 36 entities. The states and union territories are further subdivided into 806 districts and smaller administrative divisions.
Rayalaseema is a geographic region in the Indian state of Andhra Pradesh. It comprises four southern districts of the State, from prior to the districts reorganisation in 2022, namely Kurnool, Anantapur, YSR, and Chittoor. Four new districts were created from these, namely Sri Sathya Sai, Nandyal, Annamayya, and Tirupati. As of 2011 census of India, the western four districts of the region had a population of 15,184,908 and cover an area of 77,424 km2 (29,894 sq mi).
A member of the Legislative Assembly (MLA) is a representative elected by the voters of an electoral district (constituency) to the legislature of State government in the Indian system of government. From each constituency, the people elect one representative who then becomes a member of the Legislative Assembly (MLA). Each state has between seven and nine MLAs for every Member of Parliament (MP) that it has in the Lok Sabha, the lower house of India's bicameral parliament. There are also members in three unicameral legislatures in Union Territories: the Delhi Legislative Assembly, Jammu and Kashmir Legislative Assembly and the Puducherry Legislative Assembly. Only a Member of the Legislative Assembly can work as a minister for more than 6 months. If a non-Member of the Legislative Assembly becomes a Chief Minister or a minister, he must become an MLA within 6 months to continue in the job. Only a Member of the Legislative Assembly can become the Speaker of the Legislature.
This is a brief description of the lawmaking procedure in India.
Boianapalli Vinod Kumar is an Indian politician and former Member of Parliament, he served as Vice-chairman of Telangana State Planning Board (2019-2023). He represented the Karimnagar constituency of Telangana State in the 16th Lok Sabha (2014-2019) and Hanamkonda constituency in the 14th Lok Sabha (2004-2009). He is one of the founding members of the Telangana Rashtra Samithi (TRS) party and is presently a politburo member and served as party's deputy Floor Leader in the 16th Lok Sabha.
In India, a number of political positions and university posts are held for specific groups of the population, including Scheduled Castes(SC) and Scheduled Tribes(ST), and women in some cases.
Elections in Andhra Pradesh are conducted in accordance with the Constitution of India. The Assembly of Andhra Pradesh creates laws regarding the conduct of local body elections unilaterally while any changes by the state legislature to the conduct of state level elections need to be approved by the Parliament of India. In addition, the state legislature may be dismissed by the Parliament according to Article 356 of the Indian Constitution and President's rule may be imposed.
The Twenty-fifth Amendment of the Constitution of India, officially known as The Constitution Act, 1971, curtailed the fundamental right to property, and permitted the acquisition of private property by the government for public use, on the payment of compensation which would be determined by the Parliament and not the courts. The amendment also exempted any law giving effect to the article 39(b) and (c) of Directive Principles of State Policy from judicial review, even if it violated the Fundamental Rights.
The Telangana movement refers to a movement for the creation of a separate state, Telangana, from the pre-existing state of Andhra Pradesh in India. The new state corresponds to the Telugu-speaking portions of the erstwhile princely state of Hyderabad, which were merged with Andhra Pradesh in 1956, leading to the Mulki Agitations.
Samaikya Andhra Movement was a movement organized to keep the Indian state of Andhra Pradesh united, and to prevent the division of the state - separating the Telangana districts of the state into a separate Telangana state. The movement was supported by government employees, advocates in Coastal Andhra & Rayalaseema regions along with students from 14 universities, various occupational, caste & religious groups of Coastal Andhra & Rayalaseema regions. The last set of protests were triggered after the Congress Working Committee decision to divide the state came to an end after President of India gave nod to Telangana Bill which would make the latter to come into existence from 2 June 2014.
Rajendra Agrawal is an Indian politician and a member of the 17th Lok Sabha of India. He has represented the Meerut of Uttar Pradesh and is a member of the Bharatiya Janata Party (BJP).
The Representation of the People Act, 1951 is an act of Parliament of India to provide for the conduct of election of the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, what constitute corrupt practices and other offences at or in connection with such elections and the determination of disputes arising out of or in connection with such elections. It was introduced in Parliament by law minister Dr. B.R. Ambedkar. The Act was enacted by the provisional parliament under Article 327 of Indian Constitution, before the first general election.
Between 1952 and 2020, two seats were reserved in the Lok Sabha, the lower house of the Parliament of India, for members of the Anglo-Indian community. These two members were nominated by the President of India on the advice of the Government of India. In January 2020, the Anglo-Indian reserved seats in the Lok Sabha and state legislative assemblies of India were discontinued by the 126th Constitutional Amendment Bill of 2019, when enacted as the 104th Constitutional Amendment Act, 2019.
Telangana Day, commonly known as Telangana Formation Day, is a state public holiday in the Indian state of Telangana, commemorating the formation of the state of Telangana. It is observed annually on 2 June since 2014. Telangana Day is commonly associated with parades and political speeches and ceremonies, in addition to various other public and private events celebrating the history and traditions of Telangana. The state celebrates the occasion with formal events across the districts. The formal event of national flag hoisting by the Chief Minister of Telangana and the ceremonial parade is held at the parade grounds. Celebrations are held in all 33 districts of the state.
Andhra Pradesh, retrospectively referred to as United Andhra Pradesh, Undivided Andhra Pradesh, and Combined Andhra Pradesh, was a state in India formed by States Reorganisation Act, 1956 with Hyderabad as its capital and was reorganised by Andhra Pradesh Reorganisation Act, 2014. The state was made up of three distinct cultural regions of Telangana, Rayalaseema, and Coastal Andhra. Before the 1956 reorganisation, Telangana had been part of Hyderabad State, whereas Rayalaseema and Coastal Andhra had been part of Andhra State, formerly a part of Madras Presidency ruled by British India.
The Andhra Pradesh Decentralisation and Inclusive Development of All Regions Act, 2020 is an act of Andhra Pradesh Legislature aimed at the decentralisation of governance in the Indian state of Andhra Pradesh. The bill was proposed by the Government of Andhra Pradesh to establish three capitals at different places in the state namely Visakhapatnam, Amaravati, and Kurnool, which will serve as executive, legislative and judicial capitals respectively.
This page is based on this Wikipedia article Text is available under the CC BY-SA 4.0 license; additional terms may apply. Images, videos and audio are available under their respective licenses.
