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Cabinet Note on Telangana based on GoM report
Highlights
Cabinet Note On Telangana Based On GoM Report, GoM Report On Telangana, Formation of Telangana. The Central Cabinet in a meeting held on October 3, 2013, considered Home Ministry’s Note of the same day and approved, in principle, the proposal for the bifurcation of the State of Andhra Pradesh and formation of a new State of Telangana.
The Central Cabinet in a meeting held on October 3, 2013, considered Home Ministry’s Note of the same day and approved, in principle, the proposal for the bifurcation of the State of Andhra Pradesh and formation of a new State of Telangana. The Cabinet further directed that a Group of Ministers (GoM), consisting of Minister of Home Affairs, Minister of Defence, Minister of Finance, Minister of Health & Family Welfare, Minister of Petroleum & Natural Gas, Minister of Rural Development and Minister of State in the Ministry of Personnel, Public Grievances and Pensions (as special invitee) be constituted to examine the issues arising on account of the bifurcation of the existing State of Andhra Pradesh and creation of the new State of Telangana in accordance with the Terms of Reference, as approved by the Cabinet in this regard.
The GoM held detailed deliberations on various issues related to the bifurcation of Andhra Pradesh on five times between October and December and discussed various aspects that impinge on the bifurcation of AP and the formation of Telangana. In accordance with the Terms of Reference (ToR), it sought suggestions from the public of Andhra Pradesh and also, consulted a number of stakeholders who wished to represent on issues given in the ToR of the GoM.
The GoM invited various stakeholders, including the nodal Ministries and Departments and also the State Government of Andhra Pradesh to give their views on the issues given in the terms of reference. The GoM on December 5 submitted a report with clear recommendations on each issue that needs to be incorporated into the draft Bill to be passed by Parliament as well as those issues which are of an executive nature and which require to be acted upon by the Central Government and/or the State Government without the necessity of incorporation in the draft Bill for approval of the Cabinet, A detailed exercise was done to facilitate a smooth transition to the newly created States.
The GoM has recommended that the territorial boundaries for the successor States of Andhra Pradesh and Telangana will be as per the approval of the Cabinet which stated the successor State of Telangana will have 10 districts - Adilabad, Karimnagar, Medak, Nizamabad, Warangal, Rangareddi, Nalgonda, Mahbubnagar, Khammam and Hyderabad and the successor State of Andhra Pradesh will have, the remaining 13 districts - Srikakulam, Vizianagaram, Visakhapatnam, East Godavari, West Godavari, Krishna, Guntur, Prakasam, Potti Sriramutu Nellore, Kurnool, Anantapur, Chittoor and YSR Kadapa.
Article 3 of the Constitution of India provides, inter alia, that Parliament may by law form a new State by separation of territory from any State, provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as the President may allow and the period so specified or allowed has expired.
For carving out the new States consultations were held with the Ministries of Water Resources, Power, Coal, Petroleum and Natural Gas, Finance, Health & Family Welfare, Human Resources Development and the Departments of Legal Affairs, Legislative, Personnel and Training, After careful consideration of the constitutional provisions, precedents and present requirements and keeping in view the directions of the Cabinet and the report of the GoM, the Andhra Pradesh Reorganisation Bill, 2013 providing for the reorganisation of the existing State of AP has been drafted by the Legislative Department of the Ministry of Law & Justice. The GoM has seen and approved the draft Bill.
The main features of the AP Reorganisation Bill, 2013
Provisions related to the Territory and Legislature
The Bill has been drafted based on the boundaries of the proposed Telangana State as approved by the Cabinet and it will have 119 elected MLAs, 40 MLCs, 17 MPs of Lok Sabha and 7 MPs of Rajya Sabha. The successor state of Andhra Pradesh will have 175 elected MLAs, 50 MLCs, 25 MPs of Lok Sabha and 11 MPs of Rajya Sabha. Hyderabad to the extent of the current territorial limits of Greater Hyderabad Municipal Corporation (GHMC) will be the common capital for both the States for a period not exceeding ten years.
There will be a common Governor for both the States, The Governor shall have a special responsibility for the security of life and liberty and property of all those who reside in the area. In this area, the Governor will also be responsible for matters relating to law and order, internal security and security of vital installations.
The Governor will discharge the special responsibilities relating to the above subjects in consultation with the Council Ministers of Telangana but would not be bound by their advice alone. The Governor will be assisted by two Advisors of appropriate rank to be appointed by the Central Government. The Governor will also be responsible for the management and allocation of Government accommodation in this area.
The Central Government will constitute an Expert Committee to study various alternatives for a new capital city for the successor State of Andhra Pradesh. The Central Government will also provide a special financial package for the creation of administrative infrastructure to setup the new capital city of Andhra Pradesh.
High Court and Public Service Commission
There would be a common High Court and its expenditure would be apportioned between the two successor States on population ratio until a separate High Court is setup under Article 214 for the State of Andhra Pradesh. The existing Public Service Commission shall be the Public Service Commission for the State of Andhra Pradesh and the UPSC would, with the approval of the President, act as the Public Service Commission for Telangana.
Authorisation of Expenditure and Assets & Liabilities
The Bill provides for authorization of expenditure for Telangana. The Bill also provides for the apportionment of assets and liabilities as well as of the corporations between the two successor States to secure a just, reasonable and equitable apportionment of the assets and liabilities.
The principles of exclusive nexus to a territory of a successor State or population ratio have been used and any dispute shall be settled through mutual agreement between the two States failing which by order of the Central Government on the advice of the Comptroller and Auditor General of India. The Bill makes necessary provisions for the continued functioning of statutory corporations and for the continuance of existing road transport permits.
All India Services (AIS)
The Bill provides for the creation of separate cadres of AIS in respect of the two States from the appointed day. Advisory Committee(s) would be constituted to ensure fair and equitable treatment of all employees affected as well, as disposal of any representations.
Apportionment of Natural Resources
The Bill also provides for the principles, guidelines for the distribution of assets related to coal, oil and natural gas, electricity generation and matters related to electricity generation, transmission and distribution.
Management of Water Resources
For the efficient management and development of water resources, the Bill provides for Management Boards for the inter-State rivers of Godavari and Krishna which will ensure the day-to-day management, maintenance and operation of all irrigation projects based on awards made in this regard and involving representatives of the Central Government in the Board.
An Apex Council consisting of the Union Minister of Water Resources, the Chief Ministers of both States and others for the supervision of the functioning of the two River Management Boards. The Central Government will declare the Polavaram Irrigation Project as a national project.
Development of under-developed areas
For the sustainable development of the successor States, as well as reducing the regional imbalances, measures to be taken by the Central Government such as provision of fiscal incentives and other measures have been incorporated. Until new centers of higher education are developed in the successor State of Andhra Pradesh, the Bill provides for the continuity of admission quotas in all Government and non-Government higher educational institutions including the common entrance examinations.
Legal and Miscellaneous Provisions
Necessary consequential changes have been provided in the Bill for the amendment of the Article 371 (D) to ensure continuity in provision of equitable opportunities and facilities in public employment and higher education in different areas of both States. The Bill contains necessary provision relating to territorial extent of laws, power to adopt laws, power to constitute laws, power to name authorities etc. for exercising statutory functions, legal proceedings, right of advocates to practice in certain cases, and power to remove difficulties.
In view of the provisions of Article 3 of the Constitution of India, the Andhra Pradesh State Reorganisation Bill, 2013 is now required to be referred by the President to the State Legislature of Andhra Pradesh for expressing its view thereon. The Bill can be introduced in the Parliament only thereafter on the recommendation of the President.
Approval of the Cabinet called for the following
i) To consider the territorial extent of the new State of Telangana - which would comprise of the 10 districts of the existing Andhra Pradesh namely Adilabad, Karimnagar, Medak, Nizamabad, Warangal, Rangareddi, Nalgonda, Mahbubnagar, Khammarn and Hyderabad and the residuary thirteen districts of the existing State of Andhra Pradesh would form the successor State of Andhra Pradesh.
ii) Approve the other recommendations of the Group of Ministers duly constituted by it which are given at Annexure A.
iii) Approve the Andhra Pradesh Reorganisation Bill 2013 (Annexure-B) and recommend to the President to refer the said Bill to the State Legislature of Andhra Pradesh for expressing its views thereon as required under the provisions of Article 3 of the Constitution of India.
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