Under the pressure of the Seemandhra Congress leaders the High Command announced a high level committee with four senior Congress leaders, Digvijay, Antony, Veerappa Moily and Ahmed Patel to remove their apprehensions about revenue, water and safety during division of state.
The seeds of uncertainty and doubts about Hyderabad are sown in the CWC resolution itself, though written with ‘skilful diplomatic efficiency’. Their hesitant assurance and doubtful commitment form part of their written statements, while congress leaders leak every thing ‘off the record’. Earlier when they had poll alliance with TRC in 2004 they just ‘referred’ to Telangana demand which later became controversial and revealed an escape route for them. Then election manifesto, Presidential Address and even the declaration on December 9, 2009 are drafted with great diplomacy which did not lead to any commitment. The latest example, is the resolution of CWC on 30th July 2013.
CWC confusion
After coming to a decision, the CWC resolution referred to some landmark commitments: It begins with “Noting ..The long standing demand of large sections of the people of Telangana region of Andhra Pradesh for a separate state of Telangana in order to better fulfill their social, economic, political and other aspirations; .. That the election manifesto of the Indian National Congress for the 2004 elections to State Assembly referred to the demand for separate state of Telangana; ..That the Common Minimum Programme of the UPA (I) Government of May 2004 and the President’s address to the Joint Session of Parliament in June 2004 referred to the formation of a separate State of Telangana after consultations and building of a consensus;..
That Shri Y S Rajasekhar Reddy, then Chief Minister of Andhra Pradesh made a statement in the Andhra Pradesh Legislative Assembly on 12th February 2009 assuring the House of steps towards formation of separate State of Telangana; …The views expressed at an all Party meeting held at Hyderabad on 7th December 2009 with Shri K Rosaiah, the Chief Minister of Andhra Pradesh, in the chair on the proposal to form a separate State of Telangana;..The statements made by Sri P Chidambaram, then Union Home Minister, on 9th December 2009 after due consultations; The views expressed by the eight recognized political parties of Andhra Pradesh at the meetings held at New Delhi on 5th January 2010 and 6th January, 2011; The report of the Justice B N Srikrishna Committee submitted on 30th December, 2010 and the various options recommended therein; The views expressed by political parties, political leaders, elected representatives and citizen’s groups at a large number of meetings convened by the General Secretaries of AICC (in charge of Andhra Pradesh on different dates and in different parts of the State of Andhra Apradesh over a period of nearly three years….
Then the resolution followed: It is resolved to request the Central Government: To take steps in accordance with the Constitution of India to form a separate State of Telangana; To establish simultaneously within a definite time frame, institute a mechanism to address and concerns of the people of the regions of Andhra, Rayalaseema on matters relating to (but not limited to) the sharing of river waters , generation and distribution of electricity, safety and security of all residents of all the three regions, and the guarantee of the fundamenta rights of all residents; (this talks about definite time frame for issues of seemandhra but does not provide any time frame for formation of Telangana) to declare that Hyderabad will be the common capital of both States for a period of ten years after the formation of the State of Telangana and put in place legal and administrative measures to ensure that both State Governments can function efficiently from the Common Capital during the said period of ten years; (This is the most problematic part); to assist in the building of a new capital for the residuary state of Andhra Pradesh within a period of ten years; to declare the Polavaram irrigation project as a National project and to provide adequate funds to complete the same; to identify the special needs of the backward regions/districts of Andhra Pradesh and to provide adequate funds for the development of those areas; and to assist the Government of Andhra Pradesh and, after the formation of the State of Telanganaq, assist both State Governments to maintain law and order and ensure peace and harmony in all the regions/districts;
The resolution concludes with acknowledgment of historic struggle for Telangana: The Congress Working Committee acknowledges that the decision to form a separate State of Telangana has not been an easy decision. The decision taken today has been taken after thewidest possible consultations and after taking into account the chequered history of the demand for a separate State of Telangna since 1956.
The Congress Working Committee appeals to all Congress men and women as well as all the Telugu speaking people and the residents of the State of Andhra Pradesh to extend their fullest cooperation so that this resolution can be implemented in letter and spirit in a manner that ensures peace and goodwill and progress and prosperity among all the sections of the people of both States.
Chandigarh Example
The troublesome part is about common capital, because it does not spell out details as to what kind of common capital it would be and who will have the administrative authority over Hyderabad. If Hyderabad is not Union territory plus joint capital like Chandigarh, it cannot accommodate two capitals at a time.
Both the states will claim authority over Hyderabad, its revenues, its officers and people. Hyderabad cannot be compared with Chandigarh under any circumstances, because of distinct history and geography. After Lahore is lost to Pakistan, Punjab had no capital city at all. Nehru planned a megacity of no parallel – Chandigarh in Kharar Taluka of Ambala district. By the time Chandigarh was built as unique capital, demand for state of Haryana out of Punjab emerged.
Justice J T Shah Committee heard the representations on distribution of area between two states and recommended Ambala district along with Chandigarh to be added to Haryana, because large number of people speaks Hindi in capital area, though over all Punjabi speaking population was 55.2 per cent. Sardar Hukum Singh Committee also appointed by Center, recommended Chandigarh to be given to Punjab. Because of this contradiction the center took over Chandigarh as its (Union) Territory, because it was closely attached to both the states, two governments started functioning from Chandigarh.
The Punjab Reorganization Act 1966 does not talk about capital city of any state. There is no constitutional mechanism to empower Center to decide what should be the capital of a particular state. Generally every state has to decide its own capital. It is a ridiculous position that two chief ministers share one capital without having any control over it. The law and order and revenue or such other powers over Chandigarh vests in Union Government, while Haryana and Punjab governments are running from that city. Till any one of the state decides to go out and build a capital of its own, the ‘joint capital’ status, which has no legal or constitutional basis continues as a permanent ‘arrangement’.
Some Semaandhra people are having vested interests to make Hyderabad a permanent joint capital which could be possible only when it is made Union Territory. In fact ten year ‘common capital’ is practically impossible. Making Hyderabad a UT is not acceptable to TRS and Telangana leaders of all the parties. A major problem is that Coastal Andhra or Rayala Seema is not attached to Hyderabad. It is geographically difficult and ridiculous for any state to have its capital in neighbour state. Unless Seemandhra gets Nalgonda or Mahaboobnagar, this cannot be made a joint capital like that of Chandigarh.
Minister Chiranjeevi says Hyderabad should be a UT for ever, while Shailajanath etc say that Hyderabad belongs to all three regions, Yalamanchili Shivaji says in lieu of Hyderabad, Telangana state should bear entire World Bank loan of Rs. 1.6 lakh crore, and Chandrababu claims Rs 5 lakh crore for leaving Hyderabad. Unreasonable and illegal indeed! They are trying to own 400 year old historic city because of their exloitative short stay of 60 years. The claim of Coastal seemandthra’s rich contractor-turned politicians over their own industries in Hyderabad or properties could be legal, but, their claim over Hyderabad is illegal, unconstitutional and against all norms of democratic governance. K Chandrasekhar Rao of TRS and Seetharam Echuri of CPM rightly raised doubts over the capital city part of CWC resolution.
The unresolved confusion about capital city in ‘resolution’, coupled with statement that Bill for Telangana will not be taken to Parliament during this monsoon session surely escalate crisis in both the regions and deepen the credibility crisis of Congress.
The Delhi Model
Meanwhile, Mr Digvijay Singh first time revealed the ‘true character’ of their proposal regarding Hyderabad that it will be on the lines of Delhi. National Capital Region (NCR) Delhi is under rule of Lieutenant Governor, assisted, advised by a Council of Ministers formed out of elected Legislative Assembly, without any power to deal with land, law & order and police. There are several Union Territories without Legislative House. Constituting legislative house may widen democratic representative character compared with other UTs which are governed by Center through Lt Governor. Hyderabad may not be called Union Territory or may or may not create a separate Legislative Assembly as that was in Delhi NCR, but it will be beyond the controls of Telangana and ruled by center. It is like central rule in Hyderabad for ten years. If that is so, the Telangana Agitation for the last ten years should be considered failed, unfortunately.
National Capital Region (NCR) was created with special status by the Constitution (69th Amendment Act of 199). The NCR included the neighbouring cities of Baghpat, Gurgaon, Sonepat, Faridabad, Ghaziabad, Noida, Greater Noida and other nearby towns. (Greater Hyderabad is made by merging peripheral municipalities to create such a UT) The Union of India and Government of NCT of Delhi jointly administer New Delhi, where both bodies are located.
By the Constitution (69th Amendment) Act in 1999 special provisions were added in the Constitution after Article 239A in Part VIII, Union Territories as 239AA, which says Lt Governor will be an adminsitrator and there will be a legislative assembly. Most important aspect is that the executive and legislative power of the NCR Delhi will extend to entries in List II (State) and III (Concurrent, which means both state and center can make law on these entries) except matters with respect to Entries 1,2 and 18 of State List and Entries 64,65 and 66 of that List in so far as they relate to thesaid Entries 1,2, and 18.
Within List II (State) Entry 1 is Public order (but not including [the use of any naval, military or air force or any other armed force of the Union or of any other force subject to the control of the Union or of any contingent or unit thereof] in aid of the civil power), 2 is Police (including railway and village police) subject to the provisions of entry 2A of List I and 18 is: Land, that is to say, rights in or over land, land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans; colonization. Entry 64: Offences against laws with respect to any of the matters in this List. 65: Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List. 66. Fees in respect of any of the matters in this List, but not including fees taken in any court.
Possibilities
- Going by what Digvijay Singh stated recently assuring to satisfy ‘all sections’, the following are legal possibilites with regard to Hyderabad:
- Hyderabad will be Union Territory for 10 years, accomodating Capitals of Telangana and Andhra Pradesh.
- Present Greater Hyderabad will be separate distinct terriory considered as Hyderabad Capital Region (HCR on thelines of NCR -National Capital Region).
- HCR also might have a Legislative Assembly like that of Delhi. (They may call it with a different name). The Assemblies and CMs of HCR, Telangana and AP will not have any executive or legislative power on ‘Public Order, Police and Land, which are very crucial subjects’.
- If Hyderabad does not have Assembly, Telangana Assembly might be given all administrative controls over Hyderabad, except ‘Public Order, Police, Land and powers of controls, fee and other aspects over these three, which means even revenue, which might go to Center.
Now imagine what happens in Hyderabad. There will be three governors, Lt Governor of Hyderabad and two Governors for Telangana and Andhra Pradesh, two or three Chief Ministers, two or three Legislative Assemblies, three secretariats and three kinds of police officers and revenue adminstrators. Hyderabad will not retain its present character. The locals will be further deprived, subdued, supressed and bombarded by the migrant officers, forget about someones going out of Hyderabad. None know whether this trauma will end even after ten years.
When Nirbhaya was raped in New Delhi, the Chief Minister Sheela Dikshit claimed she had no moral or legal responsibility/authority since power of law and order in Delhi falls is left with Union. The CM and Assembly can simply make appeals and prayers to save the people.
Events on 4th August 2013 in Hyderabad reveal how the power over law and order can be misused by a partisan government. Vishalandhra group took out a rally without permission from the Police, and one Telanganite in that group shouted slogans of Jai Telangana. The police arrested that single young man for shouting Jai Telangana whereas all others were untouched. So called integrationists did not even protest this injustice. How March to Assembly organized by Joint Action Committee was suppressed is a recent history. It was crushed at different entry points in and outskirts of city, they were beaten, attacked, arrested and thrown out into the vans, and left at distant places before shifting them to one and other police stations. Every peaceful Telangana agitation was crushed by iron hand by a hostile government so far.
Telangana people fought heartless Government, hostile police as per the direction of Injustice report by Justice Krishna in its dark chapter. Biased media projected the negative aspects of agitation and deliberately suppressed success of agitation and people’s support to it, but preferred to highlight the baseless anti-Telangana statements by people like Parakala Prabhakar, Lagadapati and Jaggareddy. And is Congress Government cheating Telangana again?
It is against the constitution to give state without powers over Law & Order, Police and Land along with revenue, and entrusting them to Center. Except as UT, Hyderabad cannot be considered as joint capital. Without amending Constitution it is not possible to divert the key powers to center, even after Hyderabad is made a UT. If Telangana remains a state with Hyderabad as its capital, there is no way that such state can be deprived of power to deal with public order as Constitution cannot approve such a scheme.
(About the Writer: Madabhushi Sridhar is a Professor and Head of Center for Media Law and Public Policy, NALSAR University of Law, Hyderabad.)
