Hyderabad: K.R. Raman, a practising advocate, moved a writ petition before the Hyderabad High Court on Monday seeking to declare Section 8 of the Andhra Pradesh Re-organisation Act, 2014 as unconstitutional.
He submitted that the Centre has given a special responsibility to the Governor through Section 8 to the issues of law and order, safety and security of the people, as well as the management and allocation of government buildings in the common capital of Hyderabad.
He contended that Parliament, by enacting the Act, cannot assign additional responsibilities to the Governor unless the Constitution was amended suitably.
He submitted that as per Article 163 of the Constitution, the Governor was bound to act according to the advice given by the Council of Ministers except where he was required by or under the Constitution to exercise his discretionary functions.
Referring to the Union home ministry’s letter dated August 8, 2014, directing the TS government to follow the guidelines regarding special powers of the Governor, he said that neither the Constitution nor the Act confers any power on the home ministry to direct TS to follow such norms, more particularly in matters which are in the state list of Schedule VII of the Constitution.
He urged the court to suspend operation of the home ministry’s letter to TS till disposal of the present petition.
