Vijayawada: The AP government on Friday requested the Union home ministry to extend the powers of the President under Section 108 of the AP Reorganisation Act, 2014, for two more years to resolve pending bifurcation issues. According to Section 108, the President can take any action by an order that is not inconsistent with the provisions of the Reorganisation Act and which appears to him to be necessary for removing difficulties. However, Section 108 also mandates that these orders by the President should be given within three years from the appointed day of the two states, which would end by June 2, 2017.
As the powers of the President under Section 108 would come to an end on June 2, Chief Secretary Dinesh Kumar wrote a letter to Union home secretary Rajiv Mehrishi on Friday requesting action to extend the operation of Section 108 for two more years. He reminded Mehrishi that the President has invoked Section 108 on three occasions in three years.
Mr Kumar said that irrigation issues, employee matters, division of assets and liabilities in PSUs and increase in Assembly seats are yet to be resolved. An ordinance will have to be promulgated to extend the President's powers.
Constitutional expert and Senior Supreme Court advocate P.P. Rao said that any change to section 108 has to come from Parliament. As Parliament is not in session, an ordinance would have to be promulgated if the Union government wants to extend the powers of the President.
What section 108 says:
108 (1) If any difficulty arises in giving effect to the provisions of the Andhra Pradesh Reorganisation Act 2014, the President may, by order do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty.
Provided that no such order shall be made after the expiry of a period of three years from the appointed day.
(2) Every order made under this section shall be laid before each House of Parliament.
