AP High Court Adjourns Cases Against 'Three Capitals' Laws To Dec 27, Takes Note Of Bill To Repeal Contentious Laws

The Andhra Pradesh High Court on Monday adjourned to December 27, the hearing in a clutch of writ petitions filed before it challenging the A. P. Decentralisation and Inclusive Development of All Regions Act 2020 and Andhra Pradesh Capital Region Development (Repeal) Act 2020.

The Bench of Chief Justice Prashant Kumar Mishra and comprising Justices M. Satyanarayana Murthy and D. V. S. S. Somayajulu adjourned the hearing after taking note of a Bill, passed by the state legislature which aims to repeal the earlier laws made by the state legislature paving way for the 'three capitals' plan for the state.

Importantly, the Senior Counsel and other counsels appearing for the parties addressed the Court as to whether the writ petitions have become infructuous or only some of the reliefs claimed therein have been rendered infructuous by virtue of passing of the Bill.

Having heard them, the Court was of the considered view that until the Bill receives the assent of the Hon'ble Governor, the issue concerning the survival of the writ petitions as a whole or in part, cannot be adjudged, therefore, the matter was adjourned to December 27.

However, the Bench clarified that its status quo order won't come in the way of the State Government in carrying out the activities, including developmental activities, in accordance with law as it stood prior to the passing of the contentious laws.

It was also argued by the Senior Counsels, Shyam Divan, Jandhyala Ravi Shankar, and B. Adinarayana Rao that not the Court should take note of the competence of not only the legislature by also the executive competence vis-a-vis Union, State and Concurrent lists of the Constitution.

Speaking to Live Law, Senior Advocate Jandhyala Ravi Shankar said that even if the petitions are dismissed by the Court, the petition being represented by him would survive as it seeks a direction to the Central Government to notify Amrawati as the capital by taking recourse of Entry 78 of the Central List under the 7th Schedule to the Constitution of India, apart from deriving powers from Articles 246, 248, 254 and 255.

Some lawyers also contended that since the Legislature didn't have the power to bring the Three Capital Laws, therefore, they can't even bring a law to repeal the same.

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