HC crossed its limits, says Jagan, asserts his government is committed to three capitals

Hyderabad Reiterating his government’s commitment to form three capital cities for a decentralised administration of the state, Andhra Pradesh chief minister Y S Jagan Mohan Reddy on Thursday said that the high court appeared to have crossed its jurisdiction in questioning the competence of the state legislature to enact laws on the state capital

Hyderabad

(ANI)

Reiterating his government’s commitment to form three capital cities for a decentralised administration of the state, Andhra Pradesh chief minister Y S Jagan Mohan Reddy on Thursday said that the high court appeared to have crossed its jurisdiction in questioning the competence of the state legislature to enact laws on the state capital.

Replying to a five-hour-long debate in the assembly on the judgment of the judiciary vis-à-vis the powers of the state legislature on the three capitals’ plan, Jagan said his government was talking to legal experts and looking into the other options within the framework of the Constitution for implementing the agenda of the decentralised administration.

The chief minister, however, did not give clarity on whether his government would challenge the high court verdict in the Supreme Court or re-introduce the legislation on three capitals in the assembly again.

He asserted that the decision on the location of the state capital was the prerogative and also the responsibility of the state government and enacting a legislation in tune with the government policy was the domain of state legislature.

He said the courts cannot pre-empt or direct the state government against taking a policy decision 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 government was rejected and the people gave us a thumping mandate with 151 of the 175 seats in the House. With utmost respect towards judiciary, I want to stay that the courts should not get into our domain of making laws,” he said.

Jagan also found fault with the high court setting a six-month deadline for completing the infrastructure in Amaravati and setting up basic amenities within one month. “The Supreme Court has also said high courts cannot give orders that cannot be implemented. No courts can direct impossible terms and we are exploring legal options and searching for alternative measures,” he said.

The chief minister said his government would take all steps to safeguard the interests of the famers of Amaravati who had given their land.

Referring to the high court’s comment that the state has no right on decentralization of development and capital city, bifurcation or trifurcation, was in the purview of the Centre, Jagan reminded that the Centre had submitted an affidavit in the court that capital is a state subject.

“We have no disrespect towards the high court. But at the same time, we have to respect the legislature. If we cannot question the high court verdict, 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.

He asserted that despite all the hurdles, the state government would go forward with its decentralised development agenda and would not go back. “Decentralisation is our policy and decision on capitals is our right and responsibility,” he said.

State legislative affairs and finance minister Buggana Rajendernath Reddy said that the legislature was supreme with regard to making laws and the courts cannot interfere in policy matter unless there is violation of fundamental rights.

He said that the government intended to bring a balanced regional development in the state through decentralisation to avoid such differences, following the recommendations made by both Sri Krishna and Sivaramakrishnan Committee reports.

Citing Supreme Court judgments about judicial restraint and judicial activism, former minister and senior MLA Dharmana Prasada Rao found fault with the state high court’s observation that a change in government need not give rise to change in policy. He said it was the people’s mandate that had brought in the legislators to make laws and the courts cannot enter into their domain.

He strongly asserted that courts cannot run the government and judges cannot legislate and further reminded the dictums given by the Supreme Court on earlier occasions, where Judicial activism can act as an unguided missile.

State assembly Speaker Thammineni Seetharam opined that there should be harmony and mutual respect among all three constitutional organs and added that legislature, executive and judiciary must confine to their domain, without crossing the thin line of separation of powers, which is the spirit of the constitution and that should be continued.

Telugu Desam Party president and former chief minister N Chandrababu Naidu lashed out at the chief minister for ‘attributing motives’ to the court instead of implementing its order on Amaravati capital.

He challenged that the chief minister resigns from his post and seeks fresh mandate on the three capitals issue, if he was keen on his decision. He said the high court had intervened in the issue only because the state government had deliberately violated the ‘irrevocable agreement’ that it along with the AP Capital Region Development Authority reached with the farmers of Amaravati.

Naidu reminded that before the 2019 elections, Jagan and his YSRCP lawmakers had voted in favour of Amaravati as the sole capital. During the election campaign, his party leaders repeatedly asserted that Jagan was committed to developing Amaravati as the capital city. “But, he reversed his policy immediately after coming to power,” he said.

Bharatiya Janata Party state president Somu Veerraju found fault with Jagan for making unsavoury comments on judiciary with regard to Amaravati. He said decentralisation of development had nothing to do with the formation of three capitals. “We are committed to Amaravati as the sole capital. The Central government has already spent crores of rupees in the area for creating infrastructure,” he pointed out.