Andhra Pradesh Decentralisation and Inclusive Development of All Regions Act, 2020

The Andhra Pradesh Decentralisation and Inclusive Development of All Regions Act, 2020 is an act of Andhra Pradesh Legislature containing provisions relating to the decentralisation of governance in the state of Andhra Pradesh so that establishments for additional two capitals can be made at any place outside Amaravati.[3] The bill was proposed by the Andhra Pradesh Government to establish three capitals at different places in the state namely Vishakapatnam, Amaravati and Kurnool, which will serve as executive, legislative and judicial capitals respectively.[4]

Andhra Pradesh Decentralisation and Inclusive Development of All Regions Act, 2020
Andhra Pradesh Legislature
CitationBill No. 2 of 2020
Considered byAndhra Pradesh Legislature
Enacted byAndhra Pradesh Legislative Assembly
Passed21 January 2020 (2020-01-21)
Enacted byAndhra Pradesh Legislative Council
Passed16 July 2020 (2020-07-16)[1]
Assented toJuly 31, 2020 (2020-07-31)[2]
SignedJuly 31, 2020 (2020-07-31)
Signed byBiswabhusan Harichandan
EffectiveJuly 31, 2020 (2020-07-31)[2]
Legislative history
Bill published on20 January 2020 (2020-01-20)
Introduced byBuggana Rajendranath
Minister for Finance, Planning and Legislative Affairs
First reading20 January 2020 (2020-01-20)
Second reading21 January 2020 (2020-01-21)
Amends
Andhra Pradesh Reorganisation Act, 2014
Status: In force

The introduction of the bill caused widespread criticism especially from the legal executives, journalist organisations, political parties, and farmers fearing that this would create inequality across all regions of the state and as well as damage to Amaravati's capital investments.[5]

The bill received the Governor's assent on 31 July 2020. Government of Andhra Pradesh issued gazette notification on the same day, thus becoming an Act.[2]

Background

Andhra State
See also: Andhra movement

On August 15, 1947, India became independent country from British rule. Ramaswamy Reddiyar was the first Chief Minister of Madras state consisting Tamil Nadu and Rayalaseema, Coastal Andhra regions. Madras State was succeeded from Madras Presidency on January 26, 1950. However, the Telugu-speaking people are unhappy with the decision, as Tamil-speaking people dominated the entire statehood. Thus they called for Andhra movement and demanded for new state.[6] Potti Sri Ramulu one of the strong activists, took indefinite hunger strike from October 19, 1952 and demanded for a separate Andhra state from the Madras state for the Telugu speaking people.[7] On 15 December 1952, Sri ramulu died in the fasting camp after commencing his fasting about 58 days.[8] As the news of his death broke, massive violence and protests spread all over the southern states of India. As a result of his sacrifice, the Prime Minister Jawaharlal Nehru bifurcated Madras state to the new Andhra state consisting eleven districts of Coastal Andhra and Rayalaseema on October 1, 1953 with Kurnool as its temporary capital of Andhra state and the Madras city as permanent capital of Madras state.[9] The High court of the Andhra state was established in Guntur on basis of Sribagh Pact.[10]

Sri Bagh Pact of 1937
Main article: Sribagh Pact

The Rayalaseema people raised concerns about several issues based on education, development and discrimination. Several controversies had made inequality difficulties and regional imbalance fears among people of rayalaseema. In November 1937, several leaders of Rayalaseema and Coastal Andhra had discussed on several issues and made an agreement pact.[11][12]

On discussing issues regarding to capital, and legislature the following terms was agreed:

The location of the University, the Headquarters and the High Court shall be in different regions. While the University may continue to be where it is, the High Court and Metropolis are to be located in suitable places in the Coastal districts and Rayalaseema and the choice shall be given to Rayalaseema.[13]

States Reorganisation Act, 1956
Main article: States Reorganisation Act, 1956

On 1956, the Parliament of India introduced an act which was a major reform of the boundaries of Indian states and territories, organising them along linguistic lines. Following the effects of changes made to Constitution of India, the newly Combined Andhra Pradesh was formed by the merger of Hyderabad state along with Andhra state for Telugu speaking people's demand.

United Andhra Pradesh State
See also: Visalandhra movement

However, Telugu-speaking people demanded for their long-cherished Visalandhra statehood formation. The States Reorganisation Commission headed by Syed Fazal Ali heard the views of different people and organizations of both states. Based on the commission's conclusions, the Government of India preferred Visalandhra and enlarged the state by including nine Telugu speaking districts of Hyderabad state to eleven districts of Andhra state to form Andhra Pradesh with 20 districts.[14] The Andhra Pradesh state was formed by the merger of Hyderabad state and Andhra state with its new capital Hyderabad on basis of Gentlemen's Agreement of 1956.[15] The Telangana leaders proposed that the High court of the Andhra Pradesh state should be located in Hyderabad and a bench should be constituted in Guntur. But the Andhra leaders rejected it by stating that high court can be established in hyderabad and there was no need for a bench in Guntur district.[16]

New Andhra Pradesh State

During 1969 to 1973, several movements like Telangana movement and 1972 Jai Andhra movement took place for bifurcation of the state. Protests started with the hunger strike of a student from Khammam district for the implementation of safe-guards promised during the creation of Andhra Pradesh.[17] The movement slowly manifested into a demand for a separate statehood.[18] Amid, the people of Telangana had alleged violations of Gentlemen's Agreement of 1956 led to the 1969 Telangana movement and cited as one of the main reasons for the demands of separate statehood for Telangana region.[19] On June 2, 2014 United Andhra Pradesh has bifurcated into Telangana consisting of 10 districts, and residuary Andhra Pradesh consisting 13 districts with Hyderabad as permanent capital for Telangana state.[20][21]

AP Reorganisation Act, 2014

The Parliament of India implemented an act that defined the boundaries of the two states, and laid out the status of Hyderabad as the permanent capital of Telangana state and temporary capital of the Andhra Pradesh state for 10 years. It also mentioned, that there would be only one new capital for the Andhra Pradesh state. Following it, the capital has been established between Krishna district and Guntur district.[22] The capital city was named as "Amaravati" on 1 April 2015, and was founded by Prime Minister Narendra Modi to serve as capital of the state as mentioned in the Parliament Act.[23][24] In June 2019, The Governor had issued orders for reallocation of the buildings to the newly carved out state in accordance with the provisions of A.P. Reorganisation Act.[25] The Government of India also notified the capital on the political map of India and principal seat of A.P. high court at the capital of the state under Andhra Pradesh Reorganisation Act, 2014.[26][27][28][29]

Legislative history

The YSRCP government first introduced the bill on cabinet to decentralise the governance in the state of 13 districts.[30] Later, the bill was introduced in the Andhra Pradesh Legislative Assembly even though Andhra Pradesh High Court gave verdict to extend the duration on submission of representations.[31][32] The bill was passed on the Andhra Pradesh Legislative Assembly by having majority of the seats after 17 MLA's of the Telugu Desam Party were suspended and amid ongoing demonstrations of farmers. Although this bill was passed by the Andhra Pradesh Legislative Assembly, or lower house of Andhra Pradesh Legislature, it stalled in the Andhra Pradesh Legislative Council, following widespread protests against the bill.[33] The government has stopped the council live sessions on televisions by citing, a technical problem. The Official opposition has given a notice to the house chairman Shariff Mohammed Ahmed under Rule 71 of the council and demanded that a debate should be allowed before the tabling of the bill.[34] The speaker has permitted debate on the bill and the opposition criticized the government by contending that the bills transgressed parliamentary laws and legal issues and the bills will have serious implications for the state and also will affect the state image as well as investments.[35] The Andhra Pradesh Legislative Council passed the resolution on notice and it moved a motion "disapproving the policy of the government". The council, was adjourned over several times. Later, the Opposition also had gave notice to the house chairman and argued to send the bills for Select committee.[36] The chairman agreed, and the Andhra Pradesh Legislative Council passed the resolution to refer the bills for the select committee.[37][38]

Concerns

Protests

The idea of three capitals by the Chief minister Y. S. Jaganmohan Reddy caused widespread demonstrations by the farmers of Krishna and Guntur districts.[39][40] The passage of the bill triggered different types of protests and criticisms against the government. In the capital city of the state, farmers and agricultural workers were against the decentralisation of the government and theory of three capitals.[41][42] They stated that, the bill is against agreements to the farmers who gave 33,000 acres of agricultural lands to the government. In other parts of Andhra Pradesh political, student activists and labour union leaders protested that the bill "decentralisation of government is against parliamentary laws" and sought that 'One state, One capital' demands against the bill.

After the bill was passed on 21 January 2020 by the Andhra Pradesh Legislative Assembly, violent protests erupted in Andhra Pradesh, particularly in Amaravati. Several rallies were also held in the central districts of the state. Demonstrations were also held across the cities Vijayawada, Guntur, Tenali, Tirupati and Vizianagaram.[43][44]

References
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