Telangana State AP State Reorganization Act 2014 & Section 8

There is no need, reason or any basis to launch a Protest Agitation by Telangana Citizens against Section 8 Declaration or Launch. It would be an Exercise in Futility and we will be Rebels without a Cause mostly because it is Unnecessary as well as too late for action.

I had staunchly opposed making Hyderabad a Common or Joint Capital for the truncated State of Andhra Pradesh but many on this Forum thought I am too rigid and even might be detrimental for the Process of formation of Telangana State. My opposition was based on Impracticality and Absurdity of making Hyderabad a Joint Capital given the geographic locations of the two States.

For Worse, the Congress Government, in its usual lack of wisdom, created Hyderabad as a Joint Capital for a period not exceeding 10 years. For Good, the same government also clearly decreed that Hyderabad is a territory of Telangana State and NOT owned jointly by AP. In order to placate the tremendous lobbying
of Seemandhra Capitalists though, the same government placed Section 8 in the Reorganization Act. As much as I hate this Mess, I concede that it was a Brilliant
Hoodwinking of the Seemandhra Lobby!

Why do I consider it a Brilliant Hoodwinking at the conceited Seemandhra Lobby? Because, MOST of what is stated in Section 8 is just a REHASH of what is already provided in Article 163 of the Constitution and applicable for ALL States except J&K. By Restating the same Constitutional Provisions (Governor's Executive Powers) the Congress Government made it appear as if it is a special concession to AP and a serious undermining of Telangana State's Rights. As a result, the Seemandhra Lobby thinks they have absolute power over Hyderabad while Telangana People are up in arms thinking they have been sold out! In REALITY, NEITHER is what it appears to be!

Why? Because, Section 8 has been IN EFFECT SINCE THE DAY TELANGANA AND AP STATES HAVE COME INTO EXISTENCE. There is NO NEED for the Governor to make a special declaration that he is invoking Section 8 on a specific day! Then why would we resort to a protest agitation now against Section 8 which has been
in effect for more than a year?

Article 163 of our Constitution bestows the same Powers stated in Section 8:

(1) There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.
(2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
(3) The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court.

In my opinion, therefore, we do not need to fear Section 8 any more than Article 163 in our Constitution. Besides, the Governor acts essentially on the advice and aid of the Council of Ministers of the State headed by the Chief Minister.

Additionally, the Oath taken by the Governor protects us (Telangana): "I do swear in the name of God/solemnly affirm that I will faithfully execute the office of Governor ... will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of the State (of Telangana)"

The foundation of my Statements lies in the Constitution of India. Let me try to EXPLAIN my statements. I request your sharp focus and an Open Mind.

We Need to Know, Learn, and Accept Articles 2, 3, and 4 in our Constitution. Every word is critical and must be understood in its entirety.

Everybody, now, knows Article 3 which facilitates the formation of New States and I don't need to revisit it. MOST, however, don't fully appreciate Articles 2 and 4, and therefore, We MUST exercise Laser Like Focus on them.

ARTICLE 2: Admission or establishment of new States. Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.

This Article bestows on the Parliament to set up ANY Terms and or Conditions in creating AP and Telangana States - like Joint Capital and Section 8 even if they
are unfair and unnecessary!

Article 4: Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.

This article specifies that the laws provided in article 2 and 3, admission/establishment of new states and alternation of names , areas and boundaries etc. of established states, are not to be considered amendments of the Constitution under article 368, which means these can be passed without resorting to any special procedure and by simple majority.

What does it MEAN? It MEANS, that the Parliament needs ONLY a Simple Majority to pass the laws provided under Articles 2 and 3 (like Section 8 and CREATION of AP and Telangana States) without needing to Amend the Constitution. This is where the previous Attorney General, Goolamhussein Essaji Vahanvati, made a monumental error in understanding the Constitution and opined that Telangana State could not be created without first amending the Constitution which needed THREE-FOURTHS Majority. The Congress Government JUSTLY disregarded AG's opinion for the reasons stated above.

If you have followed the above statements and correctly understood the facts, then you will agree that Section 8 and Hyderabad as Joint Capital are CONSTITUTIONALLY VALID. That's why I made my opening Statement "There is no need, reason or any basis to launch a Protest Agitation by Telangana Citizens
against Section Declaration or Launch. It would be an Exercise in Futility and we will be Rebels without a Cause mostly because it is Unnecessary as well as too
late for action."

Now, the Good News! The Hyderabad High Court recently gave this judgment (by the Chief Justice):

38. "On a fair reading of Section 5 of Act, 2014, as correctly contended by the learned A.G. for the State of Telangana, the State of Andhra Pradesh is a mere user of the city of Hyderabad for a maximum period of ten years. It has no proprietary right, title and interest in this city and none of the assets which belong to the erstwhile State of Andhra Pradesh, located at Hyderabad, can be claimed by the State of Andhra Pradesh except in accordance with Act, 2014."

This Judgment is FINAL AND UNALTERABLE. It clearly states that the government of Andhra Pradesh has NO RIGHTS, TITLE, and INTEREST in HYDERABAD. Therefore, the State of AP cannot establish police stations in Telangana. It cannot use its police powers or administrative powers in Hyderabad. Telangana State has full jurisdictional powers over Hyderabad including Public Order and Police which are included in State's List in the Seventh Schedule.

Since Section 8 has been in Effect for more than a year and the governor has not usurped extraordinary Law & Order powers, there will be NO NEW Controls imposed by the Governor now or in the future because our State is headed by a cool-headed Chief Minister, Mr K. Chandrashekhar Rao, who will also govern according to the Constitutional Safeguards provided. We don't foresee any Constitutional Breakdown! It is also important to note that the AP Reorganization Act 2014 did not include the successor State of AP as a partner or even a party of interest in Section 8. Hence, the government of AP cannot interfere on this issue.

Whatever Discretionary Powers a Governor has, he cannot interfere in the day to day operations of the State, especially against any criminal activities being investigated and or being prosecuted.

We should all take a deep breath and pause and take it easy. There is little for us to be alarmed.

Perhaps, the government of AP will read the writing on the wall and hasten its plans to move to its own Capital in its own territory and that will preserve its Prestige and Dignity. Why should one stay where one is not a honored guest?

JAI TELANGANA and JAI HIND
Subhash Chandra