HYDERABAD: In light of Andhra Pradesh government’s recent proposal to shift its existing high court to Kurnool from Amaravati, sources in the judiciary say that though there is no specific law for shifting a high court within the state, the government has discretionary powers to take a policy decision on it.
To shift a high court, the state government has to pass a resolution and communicate the same to the high court, said senior advocate A Satya Prasad.
After getting approval by the full court of the high court, the government must then inform the same to the state governor, who in turn will recommend it to the Centre. After consulting with the Supreme Court, the Centre will recommend the President of India to issue a fresh notification by amending the earlier name and to notify the new place where the high court is proposed to be shifted.
In pursuance of Article 214 of the Constitution of India and the order issued by the Supreme Court and in exercise of powers conferred under Sec 30 (1)(a) and Sec 31 (1) and (2) of the Andhra Pradesh Reorganization Act, 2014, the President constituted a separate high court for AP with effect from Jan 1, 2019, with the principal seat of such High Court (where the chief justice sits) at Amaravati and the High Court of judicature at Hyderabad shall become the High Court for Telangana state. Sec 31 (2) of the Act provides that the principal seat of AP high court shall be at such place as the President may, by a notified order, appoint.
On May 1, 2015, the then Hyderabad High Court directed the AP government to identify and locate the site where the permanent high court for AP would be constituted in the state.Other directions, including the feasibility of arranging temporary benches of high court judges under Sec 51 (3) of the Act and pending constitution of the permanent high court were also issued.
Talking to Express, former advocate general K Ramakrishna Reddy said that since the principal seat (HC) was not mentioned in the AP Reorganization Act, the President has to notify the proposed place based on the recommendation of the State government.If Amaravati is mentioned in the Act, then there is a need to amend the Act for shifting the existing AP High Court to some other place.
Interim judicial complex at Amaravati
The present HC at Amaravati is an interim judicial complex till a permanent structure proposed earlier is made ready at a huge complex known as ‘Justice city’ where the high court and subordinate courts and even some tribunals will be accommodated