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Don’t stir hornet’s nest
Highlights
Division of Andhra Pradesh: Don’t Stir Hornet’s Nest. Chief Minister N. Kiran Kumar Reddy, in his submission to the Group of Ministers on November 18, 2013 presented various issues regarding the necessity of keeping the State united. In his 86-page submission he mentioned his point of view under various heads.
Kiran appeals to Group of Ministers (GoM)
Chief Minister N. Kiran Kumar Reddy, in his submission to the Group of Ministers on November 18, 2013 presented various issues regarding the necessity of keeping the State united. In his 86-page submission he mentioned his point of view under various heads: The chief minister at length had dwelt upon the background of the State and the status of Hyderabad followed by the economic contribution of Seemandhras for the growth of Hyderabad.
Referring to the contribution of Seemandhras, he stated industrial and economic lag continued till Hyderabad became the capital of all Telugu people, united as a State after a gap of 133 years on November 1, 1956.
From a petty trader to an entrepreneur owning Group of Companies, all have contributed to the economic development of their capital city according to their capacity at different levels. A cursory glance at the list of industrialists, traders, educationists, scientists and the accomplished personalities from Hyderabad city clearly shows that most of those that brought prosperity and pride to the capital city are from Seemandhra region. The economic and educational contribution of the people from Seemandhra has been much greater when compared with others.
Denying this contribution is an insult to the entire Telugu people in general and to the 6 crore people from Seemandhra region in particular. Hyderabad belongs to all the Telugu people. It also belongs to Seemandhra people. Any negation of this amounts to telling the body that the head doesn't belong to it.
What is shocking is, in this case, the Central Government has chosen to ignore the practice of obtaining the resolution of the State Assembly, which they followed in respect of creation of the three States viz Jharkhand, Uttarkhand and Chhattisgarh. They should not alter that policy without a valid basis, as that will be considered arbitrary.
Hyderabad turns medical hub
Recalling how the city turned into medical hub promoting even medical tourism, the chief minister stated that availability of efficient health services is one of the prime factors for categorizing a city as a Global City. The most modern medical facilities available at Hyderabad today are attracting patients from within the country but also from foreign countries. Hyderabad stands fourth in the nation in terms of patients coming from foreign countries. Patients from far off places in Africa and Middle East constitute 50% of the total foreign patients coming to the city on medical trips.
The fraternity of enterprising doctors from Seemandhra region established several specialty and super-specialty hospitals in the city.
A large number of medical graduates from Andhra Pradesh, most of them from Seemandhra region, went abroad in pursuit of their specialization studies between 1960s and 1990s to UK and US. They returned home and took up private practice in their capital city and subsequently launched corporate hospitals in the city. This led to a steep spurt in the number of medical facilities in Hyderabad.
COMPLEXITIES OF 371 (D) ON THE DIVISION PROCESS
The chief minister elaborated on the complexities of Article 371 (d) on the division process. The State of Andhra Pradesh came into being, w.e.f. 01 -11-1956. Prior to1956,under the then existing Article 371, the President had the power to make a Special provision with respect to the States of Andhra Pradesh, Maharashtra and Gujarat. However, before 1-11-1956, Article 371 in the Constitution was amended by the 7th Amendment and the words "Andhra Pradesh "was deleted from Article 371. lt is the constitutional practice and requirement, that if any law to be made under Article 3, it requires a constitutional amendment and such amendment should precede any law under Article 3.
Article 371 (D) is a special provision for the State of Andhra Pradesh. It is clear that the primary purpose of Article 371 (D) was to promote speedy development of backward areas of the State of Andhra Pradesh, with a view to secure balance in the development of the State, as well and to provide equitable opportunities to areas of the State in the matter of education, employment and career prospects in Public services (Government of Andhra Pradesh vs. Suryanarayana and others, 1991 Suppl. 2 SCC 367). Pursuant to Article 371 (D), the Government of India has issued Andhra Public Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order; 1975.This is popularly known as the Presidential order. It has divided the State into six zones. The residents of each zone have certain privileges, safeguards & benefits. These cannot be deprived of, without suitably amending Article 371 (D).
Article 371 (D), as it stands now, will empower the President to make any special provision or to extend any special provision to any new State that may be carved out of Andhra Pradesh. It is not as if any region in Andhra Pradesh does not require the continuance of a similar provision like Article 371 (D).
The Presidential Order has been in existence for over six decades. After the declaration by the Apex court that the Mulki Rules are unconstitutional, serious deliberations were held culminating in Gentlemen's agreement, which was given Constitutional protection in the form of Article 371 (D). All these deliberations should again be held, consensus should be arrived on the nature of special provisions and on that basis suitable amendments should be made to the Constitution and an article similar to Article 371 (D) should be introduced in the new State.
Article 371 (0) was introduced to consolidate merger of the three regions of the State. If any demerger is contemplated, serious deliberations should take place on the special provisions that are needed to keep harmony in the residuary State & in the new State. There should be consensus on these aspects just as in the case of Gentlemen's agreement. There are residents in both regions, who may not be locals or residents of these areas. There should be consensus as to who the locals are and who are not in the Telangana area.
SHORT-CIRCUITING OF CONVENTIONS
The chief minister also mentioned the apprehensions over short-circuiting of legal and constitutional conventions. It may be kindly recalled that when there were many demands for creation of new States immediately after independence, the Central Government appointed Justice Fazal Ali Commission, popularly known as States Reorganisation Commission, to come up with a basis for creation of new States.
The SRC decided that language was to be taken as the basis for creation of new States. Accordingly, many new States were created, some of them as small as Tripura, Mizoram or Nagaland merely because they could show that their languages were distinct languages.
It is relevant to recall that Justice Sarkaria Commission had in their Report submitted in January, 1988 dealt at length on Art 3 of the Constitution of India and observed that there is no need to amend Art. 3. But, interestingly, these powers are made subject to varying degrees of federal concurrence, with an inbuilt constitutional mechanism of checks and balances, and parliamentary accountability. The organic Constitution, as it is, allows reorganization of the States and provision of State-hood to Union Territories.
For example, Parliament has, by virtue of Article 3 of the Constitution, the exclusive power to form federal units. However, any legislative proposal in this regard cannot be introduced without obtaining prior Presidential (i.e. Central Government) sanction, which, in turn, must ascertain the views of the affected States before approving the introduction of such a bill in Parliament. In practice it is rarely possible for Parliament to ignore the views of the States.
The Union Government was clearly aware of the need to follow a consistent procedure for creation of new States. They either need an SRC or a Resolution of the State Assembly concerned. The following statement made by Sri L.K.Advani, the then Union Home Minister of India in Parliament on 1st August 2000 on the subject of separate statehood for Vidarbha makes this amply clear.
"In 1953-54, a States Reorganisation Commission was constituted and Indian States were reorganised on linguistic basis. It will be in fitness of things if another States Reorganisation Commission is constituted today. There have been different demands from different states as well as different regions. The people of Vidarbha raised a particular demand, which is opposed by the people of rest of Maharashtra. We have taken the line that we can accede to a demand from a particular region only if due weightage is given to it by passing a resolution to that effect in the State Legislative Assembly. It is precisely because of the observations made by two Commissions set up by the Union Government viz.
Justice Sarkaria Commission and Justice M M Punchhi Commission in respect of Art. 3 dealing with the creation of new States that the Central Government obtained the Resolutions of Bihar, Madhya Pradesh and Uttar Pradesh Legislative Assemblies for creation of the three States viz Jharkhand, Chattisgarh and Uttarkhand, as this was the first time a different basis other than linguistic basis was considered for creation of new States. They needed a basis as stated by the then Home Minister in Parliament. The Central Government has to follow the same policy even for the partition of Andhra Pradesh, as even this partition is not on linguistic basis.
What is shocking is, in this case, the Central Government has chosen to ignore the practice of obtaining the resolution of the State Assembly, which they followed in respect of creation of the three States viz Jharkhand, Uttarkhand and Chhattisgarh. They should not alter that policy without a valid basis, as that will be considered arbitrary. The concerns about short circuiting of legal and conventional procedures have already been brought to the notice of the President of India and Prime Minister Dr. Manmohan Singh.
River water sharing problem
The Chief Minister also mentioned the problem of river water sharing recalling the views of the First State Reorganisation Commission. agrarian importance of Andhra Pradesh, projects on River Krishna-sacrifices by people of all the three regions, Jalayagyam, short fall of water availability in River Krishna and competing interests, dam management and control on the river Krishna, new projects on River Krishna, complexities in the inter-state usage of water in Srisailam dam, present management of deficit in the State of Andhra Pradesh, difficulties in managing Srisailam and Nagarjuna Sagar projects, institutional mechanism for management of River Krishna, inter-river basin transfer, emergency inter-basin transfer of water, the dilemma of the Polavaram multipurpose project, the problem of Telangana, the problem of Rayalaseema, upper riparian projects in River Krishna, Telangana deprived of its rightful allocated share in River Krishna, diversion of water outside the Krishna basin whether is it not permissible, implementation of tribunal awards, proliferation of river water disputes, maps of irrigation, Godavari basin and Krishna basin.
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Dam Management and Control on the River Krishna: This is the first occasion, that a major river will form the administrative boundary between two States. The river Krishna is bound by Seemandhra on the right bank by Telangana on the left bank. As per convention, the territorial boundaries are to be fixed in middle of the river.
The three major dams with Hydel generation lie across river Krishna with a flank each of the regions, - Srisailam, between Kurnool (Andhra) on the right bank and Mahaboobnagar (Telangana) on the left bank and Nagarjuna Sagar with Guntur (Andhra) on the right bank and Mahaboobnagar and Nalgonda (Telangana) on the left bank and Pulichintala with Guntur (Andhra) on the Right bank and Nalgonda (Telangana) on the left bank.
A piquant situation will arise where half the gates of dams will be in control of each of the States and this will cause immense difficulties for Dam regulation and safety. The management of the structures on the river Krishna, if not adequately resolved, is an issue, fraught with serious consequences.
The problems of projects in Telangana
The Government of Andhra Pradesh has taken up an ambitious programme of Jalayagyam for exploiting the irrigation potential in the State. A total of (86) projects are taken up under Jalayagyam with an outlay of Rs 1,75,000 crores, of which (37) are in the Andhra region (17) in the Rayalaseema region and (32) in the Telangana region.
As on today, the balance amount required to complete the Jalayagyam projects is Rs 1,01 ,308 cores of which the requirement of the Andhra region is Rs 26,736 crores (26.39%), of the Rayalaseema region is Rs 7,137 crores (7.04 %) and the Telangana region is Rs 67,433 crores (66.56%). The completion of the Jalayagyam projects in Telangana will be a financial challenge.
Power sector concerns
Telangana will have significant power deficit and serious supply issues, along with huge subsidy burden in the immediate future. Is it worth to have these problems in the name of division? Another anticipated problem will be providing energy for the lift irrigation schemes under implementation in Telangana. The ultimate power demand, in the year 2017-18, for the present Andhra Pradesh State is 7538.42 MW of which 6489.43 MW (86.08%) is in the Telangana region, requiring a capital investment of Rs 38,937 crore.
The problems/drawbacks in utilizing the surplus/remaining water in Telangana region are a matter of serious concern. As far as irrigation by gravity flow is concerned, there may not be any problem in utilizing the allocated shares from the projects operated commonly by Telangana and residuary State of Andhra Pradesh if a regulating authority is constituted. These challenges were non-existent in a united Andhra Pradesh!
Installed Capacity Region-wise Category-wise is given below
Research & Development
The Capital City of Telugus did not lag in terms of Research and Development. After the State's formation, many Central and State research institutions were established here. Today, the city boasts of housing 46 research institutions and centers of excellence.
They included Atomic Minerals Directorate for Exploration and Research, Centre for Cellular and Molecular Biology, Centre for DNA Fingerprinting and diagnostics, Directorate of Rice Research, Defence Research and Development Organization, National Institution of Nutrition, National Institute of Fashion Technology etc. These research institutions enhanced the Capital City's prestige across the globe as a centre of scientific research and development. A large number of these research institutions were set up by the Central Government. Institutions like AP Forensic Science Laboratory and Central Forensic Science Laboratory helped revolve many a crime riddles.
Justice Sri Krishna Committee notes, 28 establishments are defence or other strategically important establishments with national security significance. In addition, there are about 40 institutions owned by Government of India with national research, development and educational interest and nine educational institutions, mostly universities supported by the state government.
All these institutions attract people from all over the country. Most of the top educational institutions in Andhra Pradesh State are situated in or around Hyderabad city only. Had it not been the Capital City of Andhra Pradesh, Hyderabad's development on the educational front would certainly not have been as dramatic as it is.
Justice Sri Krishna Committee says, "The Telangana region was short of qualified teachers at the time of merger (of Andhra State with Hyderabad State) and this gap was filled by bringing in teachers from Coastal Andhra. This later became an issue of discord during the 1969 agitation." From a state of educational backwardness to a state of being the educational hub of the country, Hyderabad traversed a long way over the years.
Employment Concerns.
There are 28 Defence or other strategically important establishments with National Security significance located in Hyderabad. There are another 40 institutions owned by Government of India with National Research, Development and Educational interest. Nine Educational Institutions, mostly universities supported by State Government are also located in Hyderabad.
In addition, the following investments have been substantially contributed by Seemandhra entrepreneurs, as pointed out earlier.
- Entire Pharma investments in Hyderabad were done by Coastal Andhra
- Majority private educational institutions including medicine & engineering are owned by Andhras
- In service sector, majority of hotels, multiplexes, retail malls are owned by Andhras
- All the major hospitals in the private sector are owned by Andhras
- Entire film industry is owned by Andhras
- Major real estate players are Andhras
- The entire infrastructure companies from Hyderabad like GMR, GVK, Lanco, SEW, NCC etc belong to Andhras.
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