Focus back on Section 8 enforcement in Hyd

As per the Section 8 the AP Reorganization Act, 2014, the Governor is responsible for security, life, liberty and property of all those who reside in the area of common capital. How different is it from the Article 163 of the Indian Constitution by which a Governor can intervene when law and order fails in a State?

The controversial Section 8 of the Andhra Pradesh Reorganization Act, 2014, has come back into focus again. There are contradicting views on this section and many feel it is high time the Government of India brought about quietus to this issue.

In simple words, Section 8 basically raises the question on who polices the police. Generally, law and order under the Constitution is a State subject and in this case this is not different for Telangana, as well.

However, as per the Section 8, the Governor is responsible for security, life, liberty and property of all those who reside in the area of common capital (Hyderabad).

This was implemented as the people of Andhra people living in Hyderabad had raised concerns about their own security in the wake of bifurcation. But the Section 8 comes into force only if there are complaints of violence or threats against the people of Andhra residing in Hyderabad.

The Section envisages that the responsibility of the Governor shall extend to matters such as law and order, internal security and security of vital installations, and management and allocation of Government buildings in the common capital area.

In discharge of the functions, the Governor shall, after consulting the Council of Ministers of the State of Telangana, exercise his individual judgment as to the action to be taken. The Governor shall be assisted by two advisors to be appointed by the Central Government.

Here what one must recall is that Section 8 is not a unique power. Moreover, the Governor of any State has this power under Article 163 of the Indian Constitution.

The Governor is empowered to step in if there is violation of the law and order under this Article of the India Constitution and this is applicable in case of other States also.

Now the question arises whether the Governor can invoke Section 8 in Telangana. Legal experts opine that it is difficult to invoke it, considering that there is an overriding provision in the Constitution.

They also opined that when AP Reorganization bill was passed in the parliament, there was no move to amend the constitution. As there was no amendment to the Constitution, the Article 163 would be the article in play.

It means no bill can override the provisions of the Indian Constitution unless and until there is an amendment. One must also read into Article 246 (7th Schedule) of the Indian Constitution which deals with public order and police.

It has been listed as State List 1 and 2, which ideally would mean that law and order is under the State government. Hyderabad has been listed as a district in Telangana and going by the Article 246, the law and order would be under the control of the State.

Since there has been no amendment to the Constitution, the Section 8 seems to have been passed only to give some sense of sanity to those people of Andhra living in Hyderabad under Telangana state.

The second question arises as to what Union government can do in this matter. Under the Article 264, the Union government cannot issue directive to Telangana to hand over the control of law and order to the Governor.

Various provisions in the constitution and also judgments of Supreme Court have provided a protection to the State governments from being ruled or bullied by Governors.

The Section 8 has come into limelight once again in the wake of Owaisi brothers allegedly taking law into their hands and attacking other party leaders on the GHMC polling day.