By PTI
AMARAVATI: The Andhra Pradesh authorities has filed a Special Leave Petition within the Supreme Court on the contentious Amaravati subject, greater than six months after the High Court dominated that the state legislature “lacked competence” to make any laws for shifting the capital.
The regime beneath Chief Minister Jagan Mohan Reddy approached the apex court docket on Friday night time for aid towards the High Court’s March 3 verdict.
Through the SLP, the state authorities sought to problem the High Court judgment on six grounds, together with the facility to legislate. Official sources, nevertheless, mentioned some “corrections” have been required to be made within the SLP and a modified model can be filed in Supreme Court on Monday.
In the widespread unanimous order, a three-member bench of the High Court comprising Chief Justice Prashant Kumar Mishra and Justices M Satyanarayana Murthy and Somayajulu on March 3 famous that the institution of three organs of the state — legislature, govt, and judiciary — is a component and parcel of the “supplemental, incidental or consequential provisions” employed in Article 4 of the Constitution.
“Parliament alone is competent to undertake such exercise, but not the state legislature. The facts on record like approval of passing of legislation (APCRDA Act, 2014) and taking up land under the Land Pooling Scheme under the APCRDA Act, 2014, payment of Rs 15,000 crore for the capital city and region development is sufficient to conclude that Parliament delegated power to the state under Article 258 (2) of the Constitution of India, which is a one-time delegation,” the bench had noticed.
The bench delivered a 300-page verdict on a batch of 63 writ petitions filed by aggrieved farmers of Amaravati area towards the state authorities’s resolution to make Visakhapatnam the chief capital, Kurnool the judicial capital and confining Amaravati because the legislative capital of Andhra Pradesh.
The High Court had held that the state (authorities) and the AP Capital Region Development Authority violated the elemental rights of the petitioners (farmers who parted with their land) and directed that the state assemble and develop Amaravati capital metropolis and capital area inside six months time.
Significantly, the state authorities filed an affidavit within the High Court on April 1 this 12 months stating that trunk infrastructure within the capital can be developed in 60 months.
It additionally mentioned the state requested the Centre to grant Rs 1. 09 lakh crore for infrastructure growth.
In the SLP, the state contended that “it would be destructive of the federal structure of the Constitution” if the state didn’t have the facility to re-organise its capital.
“Whether adjudication of an academic issue, that too, about the competence of legislature, a coordinate organ of governance of the State, after the withdrawal of the three capitals legislation, constitutes a breakdown of the principle of separation of powers between various organs of governance, which is a basic structure of the constitution,” is the opposite rivalry raised by the AP authorities.
It additionally famous that “the settled position in law in the country is that the power under Article 258 is only relatable to a delegation of executive and administrative powers and not the legislative power of the Union”.
“Our government’s stated commitment to the people is decentralisation of governance. Trifurcation of capital is one of the milestones in pursuit of that commitment. Filing of the SLP is another remedy in law being sought to enable further progress in the resolve of the state,” official sources added.
AMARAVATI: The Andhra Pradesh authorities has filed a Special Leave Petition within the Supreme Court on the contentious Amaravati subject, greater than six months after the High Court dominated that the state legislature “lacked competence” to make any laws for shifting the capital.
The regime beneath Chief Minister Jagan Mohan Reddy approached the apex court docket on Friday night time for aid towards the High Court’s March 3 verdict.
Through the SLP, the state authorities sought to problem the High Court judgment on six grounds, together with the facility to legislate. Official sources, nevertheless, mentioned some “corrections” have been required to be made within the SLP and a modified model can be filed in Supreme Court on Monday.
In the widespread unanimous order, a three-member bench of the High Court comprising Chief Justice Prashant Kumar Mishra and Justices M Satyanarayana Murthy and Somayajulu on March 3 famous that the institution of three organs of the state — legislature, govt, and judiciary — is a component and parcel of the “supplemental, incidental or consequential provisions” employed in Article 4 of the Constitution.
“Parliament alone is competent to undertake such exercise, but not the state legislature. The facts on record like approval of passing of legislation (APCRDA Act, 2014) and taking up land under the Land Pooling Scheme under the APCRDA Act, 2014, payment of Rs 15,000 crore for the capital city and region development is sufficient to conclude that Parliament delegated power to the state under Article 258 (2) of the Constitution of India, which is a one-time delegation,” the bench had noticed.
The bench delivered a 300-page verdict on a batch of 63 writ petitions filed by aggrieved farmers of Amaravati area towards the state authorities’s resolution to make Visakhapatnam the chief capital, Kurnool the judicial capital and confining Amaravati because the legislative capital of Andhra Pradesh.
The High Court had held that the state (authorities) and the AP Capital Region Development Authority violated the elemental rights of the petitioners (farmers who parted with their land) and directed that the state assemble and develop Amaravati capital metropolis and capital area inside six months time.
Significantly, the state authorities filed an affidavit within the High Court on April 1 this 12 months stating that trunk infrastructure within the capital can be developed in 60 months.
It additionally mentioned the state requested the Centre to grant Rs 1. 09 lakh crore for infrastructure growth.
In the SLP, the state contended that “it would be destructive of the federal structure of the Constitution” if the state didn’t have the facility to re-organise its capital.
“Whether adjudication of an academic issue, that too, about the competence of legislature, a coordinate organ of governance of the State, after the withdrawal of the three capitals legislation, constitutes a breakdown of the principle of separation of powers between various organs of governance, which is a basic structure of the constitution,” is the opposite rivalry raised by the AP authorities.
It additionally famous that “the settled position in law in the country is that the power under Article 258 is only relatable to a delegation of executive and administrative powers and not the legislative power of the Union”.
“Our government’s stated commitment to the people is decentralisation of governance. Trifurcation of capital is one of the milestones in pursuit of that commitment. Filing of the SLP is another remedy in law being sought to enable further progress in the resolve of the state,” official sources added.
