VIJAYAWADA: In a surprise move, the Jagan Mohan Reddy government on Monday withdrew the AP Decentralisation and Inclusive Development of all Regions Act and the Capital Region Development Authority (CRDA) Repeal Act — otherwise called the three capitals Acts — citing “suspicions, misconceptions and legal hurdles” created by some elements, indirectly pointing fingers at the opposition TDP.
Nonetheless, Chief Minister YS Jagan Mohan Reddy made it crystal clear that his government will come up with a “better and comprehensive” legislation, indicating he hasn’t dropped the three capitals move altogether.Finance Minister Buggana Rajendranath Reddy tabled the AP Decentralisation and Inclusive Development of all Regions Repeal Bill-2021 in the Assembly which passed it by a voice vote.
Making a statement on the floor of the House, Jagan said, “the three capitals — legislative in Amaravati, executive in Visakhapatnam and judiciary in Kurnool — were sought to be set up to ensure balanced development of all the regions in the State including the backward North Andhra and Rayalaseema regions.”
“Several suspicions were sown, misconceptions and legal hurdles created.... good intentions of the government were ignored and an argument was advanced that injustice was meted out to some,” he said. Stating that the government was withdrawing the three capitals Acts in larger public interest, he said it will return to the House with a better and comprehensive bill and incorporate in it answers to all legal questions.
Significantly, the Chief Minister said the government will “explain to all sections of people and all the regions, extensively and exhaustively, the need for decentralisation of development.” Briefingly touching upon the earlier TDP government’s plans to build a brand new Amaravati capital city, Jagan pointed out that it would cost `1 lakh crore and with time, the cost will only escalate up to may be `5-6 lakh crore and questioned if the State could afford it.
Visakhapatnam, on the other hand, has everything and could be the capital with a little bit of expenditure, the Chief Minister observed.The news of the government decision was first conveyed to the high court, which is hearing a batch of petitions against the three capitals, by Advocate General S Sriram. Sources told TNIE the decision was made as it was felt the court is likely to strike down the three capitals legislations — in which case, the government’s arguments may lose steam.
In other words, this is a pre-emptive move. It was kept a secret till the last minute this morning. Available cabinet ministers were called for an emergency meeting when the Chief Minister was holding a review meeting on the flood situation in the State.
Sources said Jagan explained to them his decision and everyone was instructed not to speak till the CM makes his statement. There are a couple of key legal hurdles to the three capitals. Firstly, the principal seat of the high court is sought to be moved to Kurnool in Rayalaseema region from Amaravati.
“High court was set up in the Amaravati region following a Presidential notification. State legislation cannot override a Presidential notification. President acts on the advice of the Union Council of Ministers,” Umesh Chandra, high court advocate, told TNIE. Secondly, the question of compensation to the farmers who surrendered lands for Amaravati is tricky.
Lands were given up after a promise by the then government that they would get pecuniary benefit in the form of commercial plots in return. That government promise will be nullified if three capitals Acts are upheld — which creates a livelihood problem for the farmers, the advocate said.
Sources told TNIE Jagan had consulted top legal experts before deciding on taking a step back. The recent developments in the high court, which began daily hearing on the petitions from Nov 15, were a major reason. Two judges on the three-member division bench possess plots in Amaravati and the government’s request for their recusal was rejected by Chief Justice Prashant Kumar Mishra.
The Chief Justice had also commented during a hearing that the capital belongs to all, not just the farmers. He observed freedom fighters had not fought for freedom for themselves alone. Similarly, he sought to know if Kurnool could be judicial capital if high court was in Amaravati and pointed out high court cannot be moved till a presidential notification was issued.
The sources said after taking everything into consideration, the Chief Minister decided to step back but left for himself enough room to manoeuvre politically. By announcing that he will return to the House with a better bill, Jagan has held out hope for Rayalaseema and North Andhra regions, the sources said, adding that “explaining to all the sections and all the regions” the need for decentralisation will mean the government could push the TDP into a corner.
“What will the TDP tell Rayalaseema and North Andhra people? That they don’t need to have any say?” The three capitals story isn’t over yet. But how and when Chief Minister Jagan Mohan Reddy makes his next move is a million dollar question.