[Andhra Capital Trifurcation] No Provision In Law To Empower Notification of State Capital By Centre: MHA Tells HC [Read Affidavit]

The clarification comes in the writ petitions opposing Andhra Government's decision on the formation of three capital cities in the State.

The Union Ministry of Home Affairs told the Andhra Pradesh High Court that Section 94 (3) & (4) of the Andhra Pradesh Reorganisation Act, 2014 only provides for financial assistance by the Central Government to the State of Andhra Pradesh for creation of 'essential facilities' in their new capital.

"The provision only talks about providing financial assistance by the Central Government for the new capital as chosen by the State of Andhra Pradesh and not for deciding a capital for the State by the Central Government," the counter affidavit filed by the Ministry states.

It further submitted that even under Article 3 of the Indian Constitution, there is provision only for creation of 'new States' and other related matters. However, there is no provision in respect of capital.

The reply affidavit has been in filed a writ petition filed by Done Sambashiva Rao and others, challenging the State Government's decision to establish executive, legislative and judicial capitals at Vishakhapatnam, Amaravati and Kurnool respectively.

The Petitioner had argued that Section 6 of the Andhra Pradesh Reorganisation Act, 2014(Act) clearly provides that there shall be 'a capital for the State of Andhra Pradesh', hence connoting that there shall be only a single capital city.

The Ministry has contended that the provision has to be read in light of Section 13 of the General Clauses Act, 1897 which states that in all Central Acts and regulations, unless there is anything repugnant in the subject or context, words in the singular shall include the plural and vice versa.

Further, the Ministry argued that the President's order regarding constitution of a separate High Court for Andhra Pradesh with principal seat at Amaravati could not be construed as the Central Government's decision to declare Amaravati as Capital of Andhra Pradesh.

It is submitted that the Principal Seat of High Court need not necessarily be in the Capital City of the State.

The Andhra Government's decision to establish three capitals was stayed by the High Court last month. The same came to be challenged before the Top Court by the state Government. It was argued that the High Court Order defies principles of law whereby the constitutionality of a statute is presumed to be upheld until proven otherwise.

However, the bench of Justices Ashok Bhushan, R. Subhash Reddy & MR Shah stated that they were not inclined to interfere in the interim order. It observed that the matter should be heard by the High Court itself as day-to-day hearings have already been fixed. Court also observed that the matter required an "early decision".

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