New Delhi: The Supreme Court on Tuesday posted for July 11 — after its summer vacations — the Andhra Pradesh government’s plea challenging the Andhra Pradesh High Court’s March 3, 2022, judgment holding Amaravati as the only capital of Andhra Pradesh thereby pouring water on the state government’s plan to have the three capitals to house government, legislature and the High Court respectively.
The top court summer vacations are from May 21 to July 2, 2023.
A bench comprising Justice K.M. Joseph and Justice B.V. Nagarathna posted the matter after the vacation, noting that there was not enough time to hear all the senior advocates and then write the judgment. The bench is constrained by time as May 19 is the last working day of the top court before summer recess and Justice Joseph is retiring on June 16.
Thus the hearing of the matter would now require the Chief Justice D.Y. Chandrachud to constitute a new bench which may include Justice B.V. Nagarathna. Besides other senior advocates, senior lawyers including Fali Nariman, K.K. Venugopal. C.S. Vaidyanathan, Shyam Divan will advance their arguments as and when hearing takes place.
Realising that the matter is going for a long pause, a former Attorney General appearing for one of the parties in the matter said that the statute which created three capitals has been withdrawn and the only question now is the principle of separation of powers between three organs of the state — Executive, Legislature and Judiciary. He said that some aspects of the High Court judgment were coming in the way of the state government.
The Andhra Pradesh government along with others have challenged the judgment of the High Court on the proposed three capitals case and had sought a stay on the verdict.
The YSRC-led government had moved the top court on September 17, 2022, against the High Court’s March 3, 2022, judgment that upheld Amaravati as the only capital of Andhra Pradesh.
The Andhra Pradesh government has contended that the High Court’s judgment is an encroachment into the powers of the executive and the legislature.
The Supreme Court in November 2022, had stayed the High Court’s directions, asking the state government to develop Amaravati's capital city and capital region within 6 months.
While staying the High Court order directing the Andhra Pradesh government to develop the capital city and capital region within six months, the bench of Justice Joseph and Justice Nagarathna had said, “Courts cannot become a town planner and Chief Engineer”.The top court found the directions issued by the High Court overstepped the “separation of power” principle.
