HYDERABAD: A writ petition was filed in the High Court on Monday seeking declaration of Section 8 of the AP Reorganisation Act- 2014 as unconstitutional.
Section 8 casts a special responsibility on the governor with respect to law and order, safety and security of the people and vital installations as well as the management and allocation of government buildings in the common capital of Hyderabad (GHMC area).
Petitioner KR Raman, an advocate, said that Parliament, by enacting the said AP Reorganisation Act, cannot assign additional responsibilities to the governor unless the Constitution is amended suitably.
As per Article 163, the governor is bound to act as per the advice of the council of ministers except when required to exercise his discretionary powers.
With regard to the letter dated August 8 this year issued by the Union ministry of home affairs framing certain norms to be followed by the government of Telangana in pursuance of Section 8 of the AP Reorganisation Act, the petitioner said that neither the Constitution nor the AP Reorganisation Act confers any power on the home ministry to frame norms and direct the Telangana state to follow such norms, He urged the court to suspend operation of the impugned letter of the home ministry to Telangana state till disposal of the present petition.