DC debate: If Section 8 of Andhra Pradesh Reorganisation Act is required
21 Jun 2015 7:24 AM IST
Union subjects are in list I and there are about 100 subjects
Representational image
Section 8 of Act can’t be invoked
The statement of objects and reasons of the Act, states that it is for the betterment of social, economic, political and other aspirations of the people of Telangana, and the reorganisation will meet the democratic aspirations of the people of Telangana region and ensure peace, goodwill, progress and prosperity among all sections of the people of both the states.
While debating the Reorganisation Bill in Parliament, in order to scuttle its passing, the opponents of the Bill created a false apprehension that people of the residuary state of Andhra Pradesh will not be safe in Telangana state, especially Hyderabad. In order to dispel such notions, Section 8 was enacted, which gives special responsibility to the Governor for security of life, liberty and property of all those who reside in the common capital area.
However, this Section circumscribes the independence of Governor since he has to consult the council of ministers of Telangana even while exercising his individual judgement. This Section is worded very cautiously in order to bring it within the Constitutional requirements.
The Seventh Schedule of the Constitution divides the subjects between the Union and the states, and some subjects to be under concurrent list. Union subjects are in list I and there are about 100 subjects. List II is the state list, and it comprises 66 subjects. The first subject in this list pertains to public order while the second subject is police. Thus it is the mandate of the Constitution that public order and police fall exclusively in the domain of the state government.
Therefore, any interference by the Union will be unconstitutional. Section 8 is akin to powers of the Central government to impose President’s Rule or declare an Emergency. However, Section 8 categorically states that any action by the Governor shall be in consultation with council of ministers of the state of Telangana. Thus, there is no scope whatsoever to invoke Section 8 of the Reorganisation Act.
People of both the states are living in peace in Hyderabad. Merely because the AP government offices are located at Hyderabad, it cannot be said that people of AP are under threat. This is an attempt by the politicians to tarnish the clean image of the Telangana state government, and it would not succeed, given the peace-loving nature of the people of Telangana. (S. Satyam Reddy, Senior Advocate Hyderabad High Court)
Section needed for public safety
Implementation of Section 8 of The AP Reorganisation Act is important for peace and prosperity of Hyderabad as it is going to be common capital for nine more years. I am not advocating the implementation of Section 8 in the backdrop of present political disturbance, but I am advancing my opinion purely based on the incidents, which are creating confusion, witnessed in the state capital during the TS agitation and also immediately after bifurcation. Also, there are the issues of the distribution of employees between both the states and the delay in creation of a separate High Court for AP.
I agree with the claim of the TRS government, that there have been no incidents of clashes between the people of AP and TS residing in the capital in its one year of rule. However, there have been incidents where government employees of both the states got into tussles at Hyderabad Collectorate, Secretariat, Vidyut Soudha and Jala Soudha offices. We are fortunate that those incidents did not lead to violence. But, we cannot guarantee that such tussles will not take place in the future and that there will be no violence.
As we have seen in the case of the division of electricity employees who approached the High Court against their posting to AP, that despite a status quo from the court, there is confusion regarding their future. Such a decision affects not just the employee, but his/her entire family, especially the children.
There is heartburn among the employees regarding the method adopted by the Kamalnathan Committee for their distribution. Many have already started agitating against the guidelines of the committee. As the final allocation is on the cards, one cannot rule out the possibilities of agitations from employees as well as from the lawyers for creation of separate High Courts. Moreover, TS students are seeking the fulfilment of the TRS promise of job creation.
The fast-approaching GHMC election is also a major concern for maintenance of law and order in the common capital. As per the provisions in Section 8 of the Bifurcation Act, the Governor shall have the power to intervene in maintenance of law and order. Neither AP nor the TS government can object to the Governor from discharging his special reasonability in view of safety of people living in Hyderabad. (M.V. Raja Ram, Advocate Hyderabad High Court)
( Source : deccan chronicle )
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