Telangana Assembly Passes Unanimous Resolution Decrying Union Budget

The Union government ignored promises made to Telangana in the Andhra Pradesh Reorganisation Act and showed bias against the state in the Union budget, the resolution moved by chief minister Revanth Reddy said.

Hyderabad: The exclusive implementation of the Andhra Reorganisation Act for the benefit of neighbouring Andhra Pradesh as reflected in the Union budget presented to parliament on Monday found its echo in the Telangana assembly today (July 24).

The assembly passed a unanimous resolution saying the budget discriminated against Telangana, a trend that has continued since the formation of the state as per the Act in 2014.

The resolution said that the Reorganisation Act mandated the Union government take all steps for stable development of both states, but that it failed to implement the promises in the Act, which deeply impacted Telangana’s development.

It added that after the formation of Telangana and the installation of a government in the state, the then-chief minister and his cabinet colleagues met the prime minister and other Union ministers several times with representations seeking assistance for various projects and funds legitimately due to the state.

But the Union government not only ignored all of them, but showed bias against the state in the budget, the resolution continued. Hence, it said, the House expressed its deep resentment and protest against the Union government’s attitude towards the state.

Moved by chief minister A. Revanth Reddy, the resolution demanded that the Union government revise the budget and take steps to ensure justice to the state.

Earlier, Reddy announced to the House his decision to boycott the meeting of NITI Aayog’s governing council to be chaired by Prime Minister Narendra Modi on July 27 in protest against the denial of funds to Telangana.

In his address, Reddy said the Union government ploughed back only 47 paise for every rupee contributed by the state to the national pool of taxes, while Bihar got Rs 7.26 for every rupee that it coughed up. In five years, he said Telangana got Rs 1.48 lakh crore against Rs 3.68 lakh crore mobilised as taxes for the Union government.

The debate preceding the resolution was marred by angry exchanges between Reddy and Bharat Rashtra Samithi working president K.T. Rama Rao. He criticised what he said were obstacles set up against the debate by the opposition.

It was obvious when Union finance minister Nirmala Sitharaman presented the budget on Monday that the Union government doled out largesse to Andhra Pradesh and Bihar due to the political compulsions of a coalition government.

Also read | Budget 2024: Did the Centre Really Commit Rs 15,000 Crore to Andhra Pradesh’s Amaravati?

As key partners in the BJP-led National Democratic Alliance, the Telugu Desam Party (TDP) government of Andhra Pradesh and the Janata Dal (United) regime of Bihar threw their weight into the preparation of the budget.

The Union government announced some key promises made in Andhra Pradesh Reorganisation Act to appease the TDP government. The Act was a legislation that bifurcated the erstwhile Andhra Pradesh into Telangana and the residuary state of Andhra Pradesh ten years ago. It had some 35 promises to both states in a bid to overcome the impact of bifurcation.

Though its main concern to get special category status to Andhra Pradesh was ruled out, the TDP government led by chief minister N. Chandrababu Naidu managed to extract certain promises through the budget that had lesser financial implications.

However, a recent initiative mooted to the Union government where a petrochemical hub and oil refinery would be set up along the coastline of the state failed to find a mention in the budget.

A delegation of the Bharat Petroleum Corporation Limited led by its chairman and managing director Krishna Kumar also recently visited Andhra Pradesh and discussed the project with Naidu after he had met the prime minister in this regard in New Delhi.

It appeared almost certain that the project with a budget of Rs 50,000 to 60,000 crore would figure in the budget going by the quick response of the Union government to Naidu’s proposal.

Sitharaman said in her budget speech that “our government has made concerted efforts to fulfill the commitments in the Reorganisation Act. Recognising the state’s need for a capital, we will facilitate special financial support through multi-lateral development agencies. In the current financial year, Rs 15,000 crore will be arranged, with additional amount in future years, for the construction of Amaravati as the state capital.

“Our government is fully committed to financing and early completion of the Polavaram irrigation project, which is the lifeline for Andhra Pradesh and its farmers. This will facilitate our country’s food security as well.

“Under the Act, for promoting industrial development, funds will be provided for essential infrastructure such as water, power, railways and roads in the Kopparthy node on the Visakhapatnam-Chennai industrial corridor and the Orvakal node on the Hyderabad-Bengaluru industrial corridor. An additional allocation will be provided this year towards capital investment for economic growth.

“Grants for the backward regions of Rayalaseema, Prakasam and north coastal Andhra Pradesh as stated in the Act, will also be provided.”

The announcement met with a wild reaction from Revanth Reddy, who protested saying that if the Reorganisation Act was the basis to favour Andhra Pradesh, then Telangana should get its due since the state was also promised its share due to bifurcation. He said he was not against the Union government favouring Andhra Pradesh, but contested the denial of the same privilege to Telangana on even terms.

He expressed anger at a media conference that the Union government had discriminated against the state and acted with vengeance against it. It appeared as though the name of Telangana was barred from Sitharaman’s budget speech, Reddy said. He recalled that the Congress government approached the Union government eighteen times to press the promises the Act makes to Telangana. He had himself met Prime Minister Narendra Modi thrice, seeking assurances.

Also read: Telangana, Andhra Pradesh to Establish Committees to Break Impasse on Unresolved Matters

Without standing on prestige, Reddy said he pleaded with Modi to play the role of a big brother and release to Telangana what is legitimately due to the state. But the Union government ignored all the promises to Telangana while implementing the Act at its cost and in favour of Andhra Pradesh, he said.

The promises that were ditched include a steel factory at Bayyaram, locating an Indian Institute of Management (IIM), a railway coach factory at Kazipet, national project status to the Palamuru-Rangareddy lift irrigation scheme, and a tribal university at Mulugu.

Reddy even circulated a letter written by Union education minister Dharmendra Pradhan that said it was not possible to set up the IIM in Telangana.

He asked coal minister and Telangana BJP president G. Kishan Reddy to own responsibility for the indifference of the Union government towards the state.

Demanding Kishan Reddy’s resignation, the chief minister hit out at the Union government for treating the people of the state as its voting machinery. After eight party MPs were elected from Telangana recently, the party did not have the gratitude even to acknowledge the people’s support, he said, adding that he will take the lead to hold a meeting of southern chief ministers to discuss the vindictive attitude of the Union government towards non-BJP states.

BRS working president Rao said it was a zero budget for the state for the eleventh year. He said former chief minister and BRS president K. Chandrashekar Rao had brought 35 promises in the Act to the notice of the Union government several times but that nothing was achieved.

On the other hand, the budget was hailed by Andhra Pradesh chief minister Naidu and several of his cabinet colleagues.

Naidu told mediapersons in an informal chat that the budget aimed to give all-round support to the state. The Union government conceded many proposals in the Act. The funding of the construction of state’s capital will spur economic activity and lead to income generation for the government from local taxes, he said.

Beside an initial Rs 15,000 crore, he said the Union government will mobilise more resources from various agencies for Amaravati on a need basis. In whatever form the funding was made, it will be largely useful to the state as it was badly hit financially in the last five years of YSR Congress rule.

Naidu expressed hope that if funds were released from agencies as loans, the repayment will be due only after thirty years. In any case, the loans will be given against a guarantee by the Union government. It will also have a grant component of the Union government as capital assistance.

Naidu noted that the Union government did not commit to fund the Polavaram project but took the responsibility to complete it. He said he had inputs that the Union government proposed to assist backward areas of the state like it did for Bundelkhand by incentivising industries as part of special package.

Andhra Pradesh BJP president D. Purandareswari and MP C.M. Ramesh said Rs 15,000 crore was not a loan but a grant in total since the Union government stood guarantee.

In Naidu’s previous term as chief minister between 2014 and 2019, the state government had set up the Andhra Pradesh Capital Region Development Authority by an Act to develop 217 square kilometres as the state’s capital. After land pooling and several other activities, the authority took a backseat with the TDP pulling out from the NDA as an ally, and the successor government of the YSR Congress proposing three capitals at Amaravati, Kurnool and Visakhapatam.

The YSR Congress government also slowed down the execution of Polavaram project, citing its ‘faulty design’.

BJP Ally Chandrababu Naidu Unhappy Over ‘Raw Deal’ to Andhra Pradesh

At a meeting with party leaders, Naidu voiced his disappointment over the lack of any allocations for the state to fulfil commitments made in Andhra Pradesh Reorganisation Act.

At a meeting with party leaders, Naidu voiced his disappointment over the lack of any allocations for the state to fulfil commitments made in Andhra Pradesh Reorganisation Act.

Andhra Pradesh chief minister N. Chandrababu Naidu (left), Union finance minister Arun Jaitley. Credit: PTI

Amravati: Andhra Pradesh’s ruling Telugu Desam Party on Thursday expressed its unhappiness with Bharatiya Janata Party-led National Democratic Alliance government for the “raw deal” meted out to the state in the Union Budget 2018-19.

State chief minister N. Chandrababu Naidu, at a meeting with party leaders, voiced his disappointment over the lack of any allocations for the state to fulfil the commitments made in Andhra Pradesh Reorganisation Act.

Naidu, who is also the TDP chief, which is a constituent of the NDA, met his cabinet colleagues and party leaders to discuss the “injustice” meted out to the state.

TDP is a part of the NDA government at the Centre while the BJP is the junior ally in the TDP-led government in the state.

Cabinet minister S. Chandramohan Reddy told reporters after the meeting that they will convey their dissatisfaction to the Centre and the party leaders authorised Naidu to take an appropriate decision.

He said the TDP had been waiting for four years for the BJP to help the state come out of the difficult situation created by its division.

Party leader and Union Minister of State for Science and Technology Y. Sujana Chowdhary said that the Budget has let down the people of Andhra Pradesh.

Chowdhary told reporters in New Delhi that the Budget should have made allocations for Polavaram project, development of new state capital Amaravati, the Visakhapatnam Metro Project and the Visakhapatnam Railway Zone.

He said there were no allocations for major railway projects in the state.

Stating that there will be no compromise on the state’s interests, he said the future course of action would be decided by Chandrababu Naidu.

Party MP Rammohan Naidu said they were even ready to resign for the sake of the state.

The TDP chief had last month called on Prime Minister Narendra Modi to request him to take steps to fulfill the commitments made to the state at the time of the state’s division.

He had demanded that the Centre do the handholding to help the state overcome revenue deficit and ensure level playing field at par with other states.

The Centre is Squarely Responsible For Solving Telangana’s Judicial Crisis

According to the Andhra Pradesh Reorganisation Act, 2014, the bifurcation of the Hyderabad high court and the allocation of judicial officers is to be done by the Centre.

According to the Andhra Pradesh Reorganisation Act, 2014, the bifurcation of the Hyderabad high court and the allocation of judicial officers is to be done by the Centre.

Telangana advocates protest in Hyderabad. Credit: PTI

Telangana advocates protest in Hyderabad. Credit: PTI

An unprecedented crisis is unfolding in the high court of judicature at Hyderabad. Telangana lawyers have been on strike for a month, eleven judicial officers have been suspended on disciplinary grounds and, for the first time in independent India’s history, 200 judges have gone on mass casual leave in protest. Further, on 1st July, 8,000 employees in various courts and judicial departments across Telangana went on strike and the Federation of Bar Associations has now promised a ‘Jail Bharo’ programme on July 7th.

What is the cause for this unrest? In essence, it boils down to two issues: the bifurcation of the high court of judicature at Hyderabad (the common high court for Telangana and Andhra Pradesh) and the allocation of subordinate judicial officers between Telangana and Andhra Pradesh.

Bifurcation of the Hyderabad high court

The first and foremost demand of the agitating legal fraternity is the bifurcation of the high court into two separate high courts for Telangana and Andhra Pradesh. This is guaranteed under section 31(1) of the Andhra Pradesh Reorganisation Act, 2014, which states:

Subject to the provisions of section 30, there shall be a separate High Court for the State of Andhra Pradesh (hereinafter referred to as the High Court of Andhra Pradesh) and the High Court of  Judicature at Hyderabad shall become the High Court for the State of Telangana (hereinafter referred to as the High Court at Hyderabad).

Even the Constitution of India guarantees this – article 214 says that there shall be a high court for each state.

Thus it is crystal clear that the bifurcation must happen. The question then is who is responsible for carrying it out. According to law minister Sadananda Gowda, the Centre has no responsibility in the bifurcation. The chief minister of Andhra Pradesh must provide the necessary infrastructure for the new court, following which the chief justice of the Hyderabad high court must act to bifurcate the court.

This assertion flies in the face of the law. As per section 31(2) of the Andhra Pradesh Reorganisation Act, “The principal seat of the High Court of Andhra Pradesh shall be at such place as the President may, by notified order, appoint.”

The president in effect means the Union cabinet (as per article 74 of the Constitution). This means that it is the Centre’s responsibility to carry out the bifurcation. As it is to be done through a notified order, all that is required is a cabinet decision. The Centre is then actually deflecting responsibility through legally incorrect statements.

Even if the Centre fully accepts responsibility, it can still delay bifurcation on one pretext or the other, as has been done so far. This is because there is no time limit for the bifurcation. The Andhra Pradesh Reorganisation Act was passed in chaotic conditions, without a time-bound clause for the court’s bifurcation.

In order to rectify this situation, I introduced a private member’s Bill in the Lok Sabha on November 17, 2015 which put a time limit to the bifurcation by amending section 31(2) of the Andhra Pradesh Reorganisation Act. To show its commitment to ending the present crisis, the government can introduce a Bill on the lines of my Bill, which states the high court’s bifurcation must be complete by the end of this year.

Allocation of judicial officers

The registrar general of the Hyderabad high court on May 5 issued a provisional list allocating subordinate judicial officers between Telangana and Andhra Pradesh. The list contained 540 judicial officers who were allocated to Andhra Pradesh and 366 to Telangana. However of these, 142 officers – nearly half – who were allocated to Telangana are of Andhra origin (as the district of origin in their application form mentions). Of the 142 officers, 58 are district judges, 31 are senior civil judges and 53 are junior civil judges. The agitators’ main contention is that the district judges, as the most senior officers, have a fair chance of becoming high court judges within the Telangana quota. This has gone down very badly with the legal fraternity of Telangana, who allege a discriminatory attitude from Andhra officers.

Most importantly, from a legal standpoint, the very basis of preparing the provisional list is flawed. It is based on guidelines framed by the chief justice of the Hyderabad high court after consultation with other judges – something they had no mandate to do.

The original task of allocating staff between Telangana and Andhra Pradesh was given to the C.R. Kamalanathan Committee, which recused itself when it came to tasks involving judicial officers, saying it did not have the authority. Guidelines for allocating judicial officers should have been framed by the Centre’s Department of Personnel and Training (DoPT), which was not done. The chief justice of the Hyderabad court then took it upon himself to carry out this job.

This is in clear violation of sections 77 and 80 of the Andhra Pradesh Reorganisation Act. Section 77(2) clearly states that this power is with the central government alone and not the judiciary. According to the sub-section:

As soon as may be after the appointed day, the Central Government shall, by general or special order, determine the successor State to which every person referred to in sub-section (1) shall be finally allotted for service, after consideration of option received by seeking option from the employees, and the date with effect from which such allotment shall take effect or be deemed to have taken effect.

Further, section 80 contemplates the establishment of advisory committees and sub-section (2) states that allocation guidelines on dividing staff (including judicial officers) shall be made only by the central government on the recommendations of these committees:

The allocation guidelines shall be issued by the Central Government on or after the date of enactment of the Andhra Pradesh Reorganisation Act, 2014 and the actual allocation of individual employees shall be made by the Central Government on the recommendations of the Advisory Committee:

Provided that in case of disagreement or conflict of opinion, the decision of the Central Government shall be final;

Provided further that necessary guidelines as and when required shall be framed by the Central Government or as the case may be, by the State Advisory Committee which shall be approved by the Central Government before such guidelines are issued.

It is clear, then, that as per the law it is the Centre’s responsibility to appoint a committee that will allocate judicial officers between the two states. The provisional list is invalid and should be revoked immediately. The Centre should appoint a committee at the earliest to carry out the allocation of judicial officers.

The problem has intensified since the high court has not yet been bifurcated. Had this been done, chief justices of both courts could have resolved the issue amongst themselves, as was done in the case of Jharkhand, Uttarakhand and the other separated states. Without this bifurcation, the Centre alone can make these decisions.

It is thus clear that for both demands, the Centre alone is responsible. Will it accept its duty and live up to its proclaimed commitment to ‘cooperative federalism’? Or will it continue to be beholden to vested interests and let the current crisis blow up further? Only time will tell, but I pray that prudence prevails.

B. Vinod Kumar is a member of parliament and Lok Sabha deputy floor leader of the Telangana Rashtra Samithi. He tweets at @vinodboianpalli and can be reached at vinodkumarboianapalli@yahoo.com