AP Govt questions power of judiciary on trifurcation of capital decision

Vijayawada: Reaffirming the government's commitment to decentralized development, Chief Minister YS Jagan Mohan Reddy has resolutely said that decision on capitals is their right and responsibility while policy making is the domain of legislature.

Rounding off the discussion on legislative competence on Thursday, the Chief Minister said, courts cannot preempt or direct not to make a policy with presumptions and lay down impossible conditions setting timelines which cannot be met.

"The laws we are making stand for public scrutiny every five years, which is the very reason why the previous dispensation was rejected and people gave us a thumping mandate with 151 of the 175 seats in the House and courts should not be getting into our domain of making laws and this I am saying with utmost respect towards judiciary and to set the record straight for future generations to come," he said. "The impossible timeline set by the courts like setting up basic amenities within one month and other infrastructure in the region within six months is impossible. The 29 villages form a minor fraction of the total State. We are exploring legal options on the issue," he added.

He said "we are committed for decentralisation of development and at the same we will safeguard the interests of the famers of the region who gave land. We have seen Telangana agitation in two phases and Sivaramakrishnanan Committee Report categorically favours decentralised development," he said. The recent verdict of AP High Court appears to be a trespass into the legislative terrain though our Constitution has laid down the frame work of the three pillars of executive, legislature and judiciary. We felt that the limits were crossed and hence had taken up the discussion in the House.

The Court has also said that state has no right on decentralization of development and capital city, bifurcation of trifurcation, but is in the purview of the Centre.

The Centre on the contrary has given an affidavit that capital is a State subject and has also given a reply to a question asked by TDP member in the Parliament quoting Article 3.

"We have no disrespect towards High Court. At the same time we have to respect the Assembly and safeguard its decorum as well. Legislature has been in existence since long. We came here with a mandate. If we cannot question, there will be no meaning to legislature. Who will make laws, legislature or judiciary will remain a question mark if it is not debated," he said.

If we are told that we cannot even pass resolution on decentralization of development, the line is crossed.