Judiciary "crossed its limits": Jagan Reddy on HC verdict on 3 capitals issue

The discussion centered mainly around the High Court ruling that "the state Legislature lacked competence to make any legislation for shifting, bifurcating or trifurcating the capital," with the members asking what was the Assembly for if not to make laws. Dharmana Prasada Rao and Buggana Rajendranath, in particular, referred to various judgements of the Supreme Court to buttress their charge that the High Court sought to transgress into the legislative domain. Speaking towards the end of the discussion, the Chief Minister said the "judiciary crossed its limits" and went against the federal spirit in issuing an impractical order.

Amaravati (AP): Andhra Pradesh Chief Minister YS Jaganmohan Reddy on Thursday said that the "judiciary crossed its limits" and went against the federal spirit in issuing an "impractical order" over his government's plan to establish three capitals and stated the March 3 ruling of the AP High Court on the matter "cannot be implemented."

Chief Minister YS Jagan Mohan Reddy, Assembly Speaker T Seetaram, Legislative Affairs Minister Buggana Rajendranath and several other members attacked the High Court over the March 3 verdict even as they proclaimed "great respect" for the judiciary. They also vowed to safeguard the "sovereign authority" of the Assembly. The Assembly took up a short discussion on "decentralisation of governance," based on a letter written by senior legislator Dharmana Prasada Rao to the Chief Minister over the High Court verdict, wherein the state was ordered to "construct and develop Amaravati capital city and capital region within six months time."

The discussion centred mainly around the High Court ruling that "the state Legislature lacked the competence to make any legislation for shifting, bifurcating or trifurcating the capital," with the members asking what was the Assembly for if not to make laws. Dharmana Prasada Rao and Buggana Rajendranath, in particular, referred to various judgements of the Supreme Court to buttress their charge that the High Court sought to transgress into the legislative domain. Speaking towards the end of the discussion, the Chief Minister said the "judiciary crossed its limits" and went against the federal spirit in issuing an impractical order.

He asserted that his government would go ahead with the decentralisation plan (by establishing three different capitals for the state) as there was no alternative to it. "Decentralisation is our policy. Decision on capitals is our right and responsibility," Jagan Mohan Reddy maintained. The High Court verdict, delivered by a three-member bench headed by Chief Justice Prashant Kumar Mishra, was "like questioning not only the Constitution but also the powers of the legislature." It was against the federal spirit and the legislative powers, the Chief Minister observed.

"We are not conducting this House to insult the High Court. We have great respect for the High Court. At the same time, the Legislature has the responsibility to safeguard the honour and powers of the Assembly," the Chief Minister remarked. Reddy pointed out that even the Centre categorically told Parliament and the High Court that selection of the capital was the state government's prerogative.

Referring to the HC order that the state government and the AP Capital Region Development Authority complete infrastructure development like roads, drinking water, drainage, electricity in the Amaravati Capital City and Region within one month, the Chief Minister asked if that would be in any way possible. The court also directed the state to construct and develop Amaravati capital city and capital region within six months' time. "The HC verdict is contrary to the Supreme Court's orders that courts should not deliver verdicts that cannot be implemented.

The HC judgement (of March 3) cannot be implemented," Jagan Mohan Reddy stressed. He said it would take at least 40 years to build the capital city. "They (the existing capital cities) are what they are because of decades, if not centuries, of hard work. Even to create basic infrastructure here, we require at least Rs 1.09 lakh crore," he said. He announced that there was no going back on decentralisation. "That is the right path, even if it is full of hurdles."

He said the government was seeking legal counsel on the way forward and exploring alternatives in tune with the Constitution. Winding up, Speaker Seetaram observed that there should be "harmony and mutual respect" among all three constitutional organs. "There should not be any encroachment into other's domain. The legislature, executive and judiciary must confine to their domain and not cross the thin lines of separation of powers," the Speaker noted. The AP High Court had earlier ruled that the state Legislature "lacked competence" to make any legislation for shifting, bifurcating or trifurcating the capital.