Andhra High Court files Bifurcation Act Notice to Centre

Petitions have been filed in both Andhra Pradesh and Telengana, the first to question the BJP government in New Delhi about non-implementation of the various provisions of the AP Reorganization Act of 2014, and the second, regarding the populations of Backward Classes (BC) in both Telengana and Andhra Pradesh states.


The first petition was filed by agriculturalist, Poluri Srinivasa Rao, from Karamchedu Mandal in Prakasam district, with the assistance of his counsel, P.V. Krishnaiah. The petition seeks direction in the so far unfulfilled provisions of the act which had accorded special status to the newly formed state of Andhra Pradesh, differentiated from the earlier territory of the same name because of the exclusion of the newly formed Telengana state and its associated territory, which had been promised by the then Prime Minister, Manmohan Singh, in parliament. Of particular note is the fact that special status was to be accorded to both states, and more speicifcally above all, as per the petition, Section 94 of the AP Reorganization Act 2014, states that financial assistance and tax exemptions were to be implemented.


The details of this petition appear to focus primarily on the first and third sub-sections of Section 94, the first that states, “The Central Government shall take appropriate fiscal measures, including offer of tax incentives, to the successor States, to promote industrialisation and economic growth in both the States,” and the third that states, “The Central Government shall provide special financial support for the creation of essential facilities in the new capital of the successor State of Andhra Pradesh including the Raj Bhawan, High Court, Government Secretariat, Legislative Assembly, Legislative Council, and such other essential infrastructure.”


The bench that heard the case was comprised of Acting Chief Justice Ramesh Ranganathan and Justice J. Uma Devi, who have adjourned the hearing of this case by four weeks, but had issued notices to the Union cabinet secretary, secretaries to Ministry of Home Affairs, Ministry of Law and Justice and AP chief secretary to file counter affidavits to the petition that was brought to them.

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