Judiciary went against federal spirit: Jagan on HC verdict on 3 capitals issue

Andhra Pradesh Chief Minister YS Jagan Mohan Reddy on Thursday said the “judiciary crossed its limits” and went against the federal spirit in issuing an impractical order on the three capitals issue and stated the March 3 ruling of the AP High Court on the matter “cannot be implemented”.

He asserted his government would go ahead with the decentralisation plan (by establishing three different capitals for the state) as there was no alternative to it.

“Decentralisation is our policy. Decision on capitals is our right and responsibility,” the chief minister maintained, winding up a short discussion in the Legislative Assembly.

The High Court verdict, delivered by a three-member bench headed by Chief Justice Prashant Kumar Mishra, was “like questioning not only the Constitution but also the powers of the legislature”. It was against the federal spirit and the legislative powers, the CM observed.

“Will the judiciary make laws? The legislature will then have no meaning. The judiciary has crossed its limits, which is unwarranted and uncalled for,” Jagan said.

“We are not conducting this House to insult the High Court. We have great respect for the High Court. At the same time, the Legislature has the responsibility to safeguard the honour and powers of the Assembly,” he remarked.

Referring to the HC order that the state government and the AP Capital Region Development Authority complete infrastructure development like roads, drinking water, drainage, electricity in the Amaravati Capital City and Region within one month, the Chief Minister asked if that would be in any way possible.

The court also directed the state to construct and develop Amaravati capital city and capital region within six months’ time.

“The HC verdict is contrary to the Supreme Court orders that courts should not deliver verdicts that cannot be implemented. The HC judgement (of March 3) cannot be implemented,” Jagan stressed.

He announced that there was no going back on decentralisation.

“That (decentralisation) is the right path, even if it is full of hurdles. Decentralisation means the development of all regions. It is everyone’s self-respect. Decentralisation has no alternative,” the Chief Minister said.

He said the government was seeking legal counsel on the way forward and exploring alternatives in tune with the Constitution.

The AP High Court had earlier ruled that the state Legislature “lacked competence” to make any legislation for shifting, bifurcating or trifurcating the capital.