Repeal letter from Home Ministry: Telangana Chief Minister K Chandrasekhar Rao

Stating that he was greatly disturbed over the letter from the Ministry of home affairs on August 8, the Chief Minister said any attempt to micro-manage the administration through the Governor, bypassing the Council of Ministers of Telangana is a direct affront to the federal polity of our country.

Enclosing a copy of the letter written to the state government by S. Suresh Kumar, joint secretary, Union ministry of home affairs, on August 8, the Chief Minister told the Prime Minister that the letter might have been written without his knowledge.

“I am sure that this communication has been sent by the home ministry without your approval and therefore appeal to you to look into the matter and order that these instructions be rescinded forthwith in accordance with the democratic traditions and conventions of our federal structure,” the Chief Minister said.

Mr Rao told the Prime Minister that he was writing the letter with grave concern on a most important constitutional issue of federal structure.

“I am greatly disturbed receiving a letter from the Ministry of home affairs on 8.8.2014, which prescribes certain intrusive norms to be followed by the state government regarding the powers and functioning of the Governor under the Andhra Pradesh State Re-organisation Act. These norms go to the extent of asking the state government to follow certain procedures even in the posting of station house officers and ACPs/DCPs in Hyderabad,” the letter said.

The Chief Minister said as per the Constitution, the Governor has to function on the advice of Council of Ministers of the state. In the same way, Section 8 (3) of Andhra Pradesh State Reorganisation Act 2014 clearly mentions that in the discharge of his functions, the Governor shall, after consulting the Council of Ministers of State of Telangana, exercise his individual judgement as to the action to be taken.

Therefore, it is clear that neither the State Re-organisation Act nor the Constitution provides for any administrative mechanism other than the Council of Ministers of Telangana to advise the Governor. In these matters, the Governor has to obtain information or advice from the Council of Ministers and none else, he added.