No relief for Andhra govt yet again as HC extends stay on 3 capital law till October 5

Refusing relief to the YS Jagan Mohan Reddy-led government, the Andhra HC on Monday extended the stay on the three capital law passed by the state Assembly till October 5. A division bench comprising Justice Rakesh Kumar, Justice AV Seshasai, and Justice M Satyanarayana Murthy also heard a batch of interlocutory applications filed by the Rajadhani Rythu Parirakshana Samiti and others. Meanwhile, the court granted a week's time to AP Chief Secretary Nilam Sawhney to file a counter-affidavit on a plea alleging that the state government had violated the status quo order.

Farmers' representatives and other groups had filed over 70 petitions in the AP HC against the passage of the AP Decentralisation and Inclusive Development of All Regions Act, 2020 and the AP Capital Region Development Authority Repeal Act, 2020. While the YS Jagan Mohan Reddy-led government challenged the HC's stay order on technical grounds, the apex court declined to interfere in the matter at this stage. The SC bench of Justices Ashok Bhushan, R Subhash Reddy and MR Shah also rejected the plea of the state government seeking a direction to the HC for expediting the hearing. 

Read: Andhra HC Extends Stay On Three-capital Law Till September 21, Agrees For Daily Hearing

What is the three capital law?

Visakhapatnam, Amaravati, and Kurnool shall become the administrative, legislative, and judicial capital of the state respectively owing to the AP Decentralisation and Inclusive Development of All Regions Act, 2020. This bill divides the state into different zones. Each zone will be governed by a Board that will comprise the CM, a Vice-Chairman, at least one MP, two MLAs, and 4 other members to be nominated by the state government. There will be a full-time Secretary of the Board who will be an officer of the rank of a Principal Secretary and above. 

Read: Andhra Pradesh CM Jagan Mohan Reddy's Convoy Gives Way To Ambulance

Centre files additional affidavit

On September 11, the Centre stressed that the three capital law is not a violation of the Andhra Pradesh Reorganisation Act, 2014. In an additional affidavit filed by the Ministry of Home Affairs in the AP High Court, it dismissed the contention of one of the petitioners that the state could not have three capitals because the aforesaid Act mentioned "a capital" instead of "capitals". MHA undersecretary Lalita Hedaoo pointed out in the affidavit that The General Clauses Act, 1987, mandates that all words in the singular shall include the plural and vice versa.

She also clarified that the Centre had extended financial assistance to the capital city of Andhra Pradesh, irrespective of its location. Hedaoo mentioned that Article 3 of the Constitution only provided for the creation of a new state and not the capital. Moreover, the MHA's affidavit made it clear that the Presidential order regarding the separate High Court for the state with the principal seat at Amaravati cannot be construed as the Union government's endorsement of Amaravati as the capital city. 

Read: Naidu Launches Website For Andhra People To Vote For Amaravati; Slams Jagan's Government

(Image credits: ANI)