Hyderabad: The full court of the HC which met Thursday decided to constitute a committee comprising judges and the secretary to the Law department to suggest ways to complete the division of the subordinate judiciary for Telangana and Andhra Pradesh by the appointed day.
Sources revealed that CJ Kalyan Jyoti Sengupta sought the views of judges on the creation of separate HCs for Telangana and AP. He told the judges to submit their written views for consideration by the committee.
Sources also disclosed that the full court consisting of all the HC judges was of the opinion that it is mandatory to complete the division of the existing subordinate judiciary between Telangana and AP before the appointed day. Otherwise the subordinate judiciary would fall short of funds and that may lead to non-payment of salaries to judicial officers.
As each state is under obligation to have its own subordinate judiciary under Chapter-VI of the Constitution and all appointments of subordinate judicial officers are required to be made by the Governor of the state, the full bench decided to expedite the process.
The full bench also reviewed provisions under the AP Reorganisation Act 2014 for the creation of a separate HCs for Telangana and AP.
The court noted that as per Section 30 of the Act, the existing HC would be the common HC for both the states till creation of separate HCs. Section 31 of the Act, however, mandates creation of two separate HCs for AP and Telangana.
Section 40 of the Act ruled that the HC in Hyderabad shall have no jurisdiction over AP with effect from the appointed day. Sources pointed out that if the same HC functions for both the states beyond the appointed day it may result in a crisis.
