Obstacle cleared for decentralization of capital with Supreme Court' judgement: AP Speaker Tammineni Seetharam

Andhra Pradesh Legislative Assembly Speaker Thammineni Seetharam on Wednesday said that the Supreme Court's judgment staying the Andhra Pradesh high court's order to complete construction of the capital Amravati in six months has cleared obstacle for decentralization of the state's capital.

The Supreme Court on Monday stayed the March 3 order of the Andhra Pradesh High Court directing to construct and develop Amaravati as the capital city and region within six months.

A bench of Justices KM Joseph and BV Nagarathna also issued notice to the Centre and others on the plea filed by the Andhra Pradesh government challenging the High Court order which had declared Amaravati as the only capital of the State.

The YSR Congress Party leader Seetharam while speaking to reporters on Wednesday expressed his joy over the Supreme Court's order on the issue of Amaravati capital.

Seetharam described it as a victory for the people of Andhra Pradesh that the Supreme Court's verdict that the capital of Amaravati should be built in 6 months was 'incorrect'.

"The civil society will welcome the comments of the Supreme Court with open arms," he said.

Seetharam said that the country will get only progress if its four pillars including the Constitution of India, legislative system, executive system and judiciary would be strong and function properly.

He also reminded that the legislatures have the authority to decide issues like capital and development, and said that the opposition parties should cooperate with the state government which is still committed to the decentralization of capital.

"The opposition Telugu Desam and Jana Sena parties must clarify their views in light of the Supreme Court's comments," he said while adding that the development of Uttarandhra is possible only after making Visakhapatnam the state's executive capital.

"If income, wealth and labour are concentrated in one place, there will be no need for organizational movements. In this background, the development of the state is sure to be achieved by establishing judicial capital in Kurnool and legislative capital in Amaravati," he suggested.

Seetharam also said that many judgments given by the Supreme Court in cases like Keshavananda Bharti have a permanent solution to many disputes.

"It will take time for the people to realize the ambitions of the state government, and the ideas of those who want development," he added.

The Supreme Court while posting the matter for hearing on January 31, 2023, said, "We are inclined to examine this issue. Issue notice. Till the next date of hearing, there will be a stay of direction..."

Hearing the case, the bench observed that "Courts cannot become a town planner and Chief Engineer".

The top court while referring to the Andhra Pradesh High Court's March 3 order asked, "Is there no separation of power in the state of Andhra Pradesh? How can High Court begin acting as an executive?"

The YS Jagan Mohan Reddy-led government had decided to make three capitals in different cities of the State in order to ensure development in all parts of the state.

Challenging the March 3 order of the High Court, the Andhra Pradesh government approached the top court saying the issue had become infructuous since the impugned legislation had been repealed.

The appeal stated that under the federal structure of the Constitution, every State has an inherent right to determine where it should carry out its capital functions from.

"To hold that State does not have the power to decide on its capital is violative of the basic structure of the Constitution," the appeal added.

The judgement of the High Court is violative of the doctrine of 'separation of powers' since it preempts the legislature from taking up the issue, it added.

The High Court in its order on March 3 had directed that the State government should construct and develop Amaravati capital city and region within six months.

The High Court had ruled that the State legislature "lacked competence" to make any legislation for shifting, bifurcating or trifurcating the capital.

It had held that the State government and the Andhra Pradesh Capital Region Development Authority violated the fundamental rights of the petitioners (farmers who parted with their land) and directed that the State construct and develop Amaravati capital city and capital region within six months.

The High Court verdict had come on a batch of 63 petitions filed by aggrieved farmers of the Amaravati region against the Jagan regime's decision to make Visakhapatnam the Executive Capital, Kurnool the Judiciary Capital and confining Amaravati as the 'Legislative Capital' of Andhra Pradesh.

( With inputs from ANI )

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