Andhra Pradesh Reorganisation Act, 2014

 

BIFURCATION OF ANDHRA PRADESH

        (Andhra Pradesh Reorganisation Act, 2014)

The Andhra Pradesh Reorganisation Act of 2014, commonly known as the Telangana Act, is an Act of the Indian Parliament that bifurcated the state of Andhra Pradesh into Telangana and the residuary Andhra Pradesh state, as an outcome of the Telangana movement.

Historical Background of Andhra Pradesh

Before diving into the AP Reorganization act, let's examine some background AP history.

    Earlier Telangana and Andhra both were separate. Telangana was part of Hyderabad State formerly ruled by Nizam of Hyderabad. In contrast, Rayalaseema and Coastal Andhra were part of Andhra State which was previously a part of the Madras Presidency led by British India.

Andhra Pradesh formation 

    Potti Sriramulu fasted to death in 1952 for the separate linguistic state for the Telugu people in Madras State. In 1953, on November 30 Andhra state was formed by separating from Madras state with Kurnool as its capital city. After that on the basis of the Gentlemen's agreement on November 1st, 1956, Andhra Pradesh Reorganisation Act 1956 formed Andhra Pradesh state by merging Andhra State with the existing Telugu-speaking region of Hyderabad State. There are also other language regions such as Marathi, and Kannada-speaking regions of the state merged into Bombay and Karnata states. 

AP Bifurcation 

In February 2014, the Andhra Pradesh Reorganisation Act, 2014 bill was passed by the Parliament of India to form the Telangana state comprising ten districts. Hyderabad will remain as a joint capital for not exceeding ten years.

This is a high-level overview of Andhra Pradesh History of formation to Bifurcation.

Now, Let's discuss Andhra Pradesh Reorganisation Act 2014.

Andhra Pradesh Reorganisation Act 2014

    The ANDHRA PRADESH REORGANISATION ACT, 2014 of Parliament received the assent of the President on the 1st March 2014 (Sixty-fifth Year of the Republic of India).

   * The act contains 12 parts, 108 sections, and thirteen schedules.

12 Parts 

 Part I          − Preliminary 

 Part II         − Reorganisation of the State of Andhra Pradesh 

 Part III        − Representation in The Legislatures 

 Part IV        − High Court 

 Part V         − Authorization of Expenditure and Distribution of Revenues 

 Part VI        − Apportionment of Assets and Liabilities 

 Part VII       − Provisions as to Certain Corporations 

 Part VIII     − Provisions as to Services 

 Part IX       − Management and Development of Water Resources 

 Part X        − Infrastructure and Special Economic Measures 

 Part XI       − Access to Higher Education 

 Part XII      − Legal and Miscellaneous Provisions 

PART -  I      Preliminary

1. Short title  - Andhra Pradesh Reorganisation Act 2014.

2. Definitions

    Note- We will cover these definitions going forward

PART -  II      Reorganisation of the State of Andhra Pradesh

3. Formation of Telangana State 

    On and from the appointed day, there shall be formed a new State to be known as the State of Telangana comprising the following territories of the existing State of Andhra Pradesh.

    Adilabad, Karimnagar, Medak, Nizamabad, Warangal, Ranga Reddy, Nalgonda, Mahbubnagar,  [Khammam (but excluding the Mandals of Kukunoor, Velairpadu, and Bhurgampadu but not including its revenue villages of Pinapaka, Morampalli Banzar, Bhurgampad, Nagineniprolu, Krishnasagar, Tekula, Sarapaka, Iravendi, Mothepattinagar, Uppusaka, Sompalli and Nakripeta under the Palvancha Revenue Division, and the Mandals of Chintoor, Kunavaram, Vararamachandrapuram, and Bhadrachalam but not including the revenue village of Bhadrachalam under the Bhadrachalam Revenue Division)] and Hyderabad districts,

     “appointed day” means the day which the central government may, by notification in the official gazette, appoint; *(June 2nd, 2014 is the appointed day)

4. State of Andhra Pradesh and territorial divisions thereof.

    On and from the appointed day, the State of Andhra Pradesh shall comprise the territories of the existing State of Andhra Pradesh other than those specified in section 3.

5. Hyderabad to be common capital for States of Telangana and Andhra Pradesh.

    1) On and from the appointed day, Hyderabad in the existing State of Andhra Pradesh, shall be the common capital of the State of Telangana and the State of Andhra Pradesh for such period not exceeding ten years. 

    2) After the expiry of the period referred to in subsection (1), Hyderabad shall be the capital of the State of Telangana and there shall be a new capital for the State of Andhra Pradesh. 

    Explanation.–– In this Part, the common capital includes the existing area notified as the Greater Hyderabad Municipal Corporation under the Hyderabad Municipal Corporation Act, 1955 (Hyderabad Act No. 2 of 1956).

6. Expert Committee for setting up of capital for Andhra Pradesh.

    The Central Government shall constitute an expert committee to study various alternatives regarding the new capital for the successor State of Andhra Pradesh and make appropriate recommendations in a period not exceeding six months from the date of enactment of the Andhra Pradesh Reorganisation Act, 2014.

7. Governor of existing State of Andhra Pradesh to be common Governor. 

    On and from the appointed day, the Governor of the existing State of Andhra Pradesh shall be the Governor for both the successor States of Andhra Pradesh and Telangana for such period as may be determined by the President.

8. Responsibility of Governor to protect residents of common capital of Hyderabad. 

    (1) On and from the appointed day, for the purposes of administration of the common capital area, the Governor shall have special responsibility for the security of life, liberty, and property of all those who reside in such area.

    (2) In particular, the responsibility of the Governor shall extend to matters such as law and order, internal security and security of vital installations, and management and allocation of Government buildings in the common capital area.

    (3) In discharge of the functions, the Governor shall, after consulting the Council of Ministers of the State of Telangana, exercise his individual judgment as to the action to be taken:

            Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this sub-section required to act in the exercise of his individual judgment, 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 the exercise of his individual judgment.

    (4) The Governor shall be assisted by two advisors to be appointed by the Central Government.

9. Assistance of police forces from Central Government to successor States, etc.

    (1) The Central Government shall assist the successor States of Andhra Pradesh and Telangana to raise additional police forces. 

    (2) The Central Government shall, for a period of three years, on and from the appointed day, maintain and administer the Greyhound Training Centre in Hyderabad which shall function as a common training centre for the successor States and, at the expiry of the said period, the existing Greyhound Training Centre in Hyderabad shall become the training centre of the State of Telangana. 

    (3) The Central Government shall assist the successor State of Andhra Pradesh to set up a similar state-of the-art training centre at such place as the State Government of Andhra Pradesh may by order notify. 

    (4) The Central Government shall provide financial assistance to the successor States in setting up new operational hubs for Greyhounds at such locations as the successor States may by order notify. 

    (5) The Greyhound and OCTOPUS forces of the existing State of Andhra Pradesh shall be distributed between the successor States after seeking options from the personnel and, each of these forces, on or after the appointed day shall function under the respective Director General of Police of the successor States.

10. Amendment of First Schedule to Constitution.

    On and from the appointed day, in the First Schedule to the Constitution, under the heading 

            I. THE STATES’’,–– 

                (a) in the paragraph relating to the territories of the State of Andhra Pradesh, after the words, brackets and figures ― " Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959" (56 of 1959, the following shall be inserted, namely:

    "and the territories specified in section 3 of the Andhra Pradesh Reorganisation Act, 2014"; 

                (b) after entry 28, the following entry shall be inserted, namely:—

    "29. Telangana: The territories specified in section 3 of the Andhra Pradesh Reorganisation Act, 2014."

11. Saving powers of State Governments.

        Nothing in the foregoing provisions of this Part shall be deemed to affect the power of the Government of Andhra Pradesh or the Government of Telangana to alter, after the appointed day, the name, area or boundaries of any district or other territorial division in the State.