HYDERABAD: Even as bifurcation blues continue to dog Andhra Pradesh and Telangana, the Union government appears to have set in motion the process for the division of the High Court of Judicature at Hyderabad for the state of Telangana and the state of Andhra Pradesh.
Informed sources told the New Indian Express that the Union Ministry for Law and Justice has written to the Supreme Court to initiate steps for creating separate high courts for the states of Andhra Pradesh and Telangana. The apex court, in turn, has intimated the same to the Chief Justice of Hyderabad High Court, and his response is awaited.
As the High Court normally functions as a collegium, particularly in regard to fundamental administrative decisions, it is likely that the Chief Justice will consult his fellow judges. Therefor, his response will depend on the consultations and the opinion of the other judges.
What, however, remains unclear is the principle for allotment of judges between the two high courts. Unlike in the case of All India Service officers and other government staff, where individual choice/nativity governed the division, what will be the guiding principle for a Constitutional post like a high court judge is an open-ended question. Sections 30 and 31 of the AP Reorganisation Act, which deal with the status of the High Court, were also silent on this aspect.
The prerogative of dividing the judges between the two states remains with the Chief Justice of India, a source said.
What is clear is that the sanctioned strength of the High Court, which is 49 (33 full judges and 16 additional judges), will be divided in the ratio of 60:40 for Andhra Pradesh and Telangana.
The current strength of the High Court is only 31, with one incumbent judge due to retire later this month. Going by this number, the High Court of AP will have 18 judges and Telanana’s 12.
The other grey area that remains is whether the High Court of Andhra Pradesh will move out of Hyderabad after the division, considering that enough facilities for locating the same are not readily available in the residuary state.
One version in circulation is that the Telengana High Court itself will move out of the current premises and located at some other place in Hyderabad, while the AP High Court will continue to function from the current premise until alternative arrangements are made in Andhra Pradesh.
Ever since bifurcation happened, there have been varying demands from different sections regarding the location of the AP High Court, with Guntur, Visakhapatnam and Kurnool being primary contenders.