LawZ Magazine

Andhra Pradesh Reorganization Act, 2014: A Brief Relook

By Dr. Sailaja Petikam

The President of India gave assent to the Andhra Pradesh Reorganization Bill, 2013 on March 1st, 2014. Subsequently, it was published in the Official Gazette for general information as the Andhra Pradesh Reorganization Act, 2014 (Act No. 6 of 2014). The main object of the Act is to provide for the reorganization of the existing State of Andhra Pradesh and for matters connected therewith. The Ministry of Home Affairs declared June 2nd as the appointed day in the Official Gazette on March 4th, 2014. Thereafter, on June 2nd, 2014, the State of Telangana was officially formed. The A.P. Reorganization Act, 2014 contains a total of 108 sections divided into twelve parts and thirteen schedules.

Structure of the Act (Parts)

  • Part I: Preliminary (Section 1 deals with the short title and Section 2 deals with definitions)
  • Part II: Reorganization of the State of Andhra Pradesh (Sections 3 to 11)
  • Part III: Representation in the Legislatures (Sections 12 to 29)
  • Part IV: High Court (Sections 30 to 43)
  • Part V: Authorisation of Expenditure and Distribution of Revenues (Sections 44 to 46)
  • Part VI: Apportionment of Assets and Liabilities (Sections 47 to 67)
  • Part VII: Provisions as to Certain Corporations (Sections 68 to 75)
  • Part VIII: Provisions as to Services (Sections 76 to 83)
  • Part IX: Management and Development of Water Resources (Sections 84 to 91)
  • Part X: Infrastructure and Special Economic Measures (Sections 92 to 94)
  • Part XI: Access to Higher Education (Section 95)
  • Part XII: Legal and Miscellaneous Provisions (Sections 96 to 108)

Schedules of the Act

  • Schedule I: Allocation of sitting members of the Council of States (as per Section 13). Out of 18 seats in the Council of States (Rajya Sabha), seven seats are allotted to Telangana and the remaining eleven seats to Navya Andhra Pradesh.
  • Schedule II: Delimitation of Parliamentary and Assembly Constituencies (as per Section 15). It explains the extent of Assembly and Parliamentary constituencies. Out of 42 Lok Sabha seats, 17 are allotted to Telangana and 25 to Andhra Pradesh. Out of 294 Assembly seats, 119 are allotted to Telangana and 175 to Andhra Pradesh. In the First Schedule of the Constitution of India, Telangana was added as the 29th State (note: serial numbers in the First Schedule were renumbered accordingly).
  • Schedule III: Modification in the delimitation of Council Constituencies (as per Section 24).
  • Schedule IV: List of members of the Legislative Council of the successor States of Andhra Pradesh and Telangana (as per Section 22(2)).
  • Schedule V: List of Scheduled Castes of Telangana (as per Section 28).
  • Schedule VI: List of Scheduled Tribes of Telangana (as per Section 29).
  • Schedule VII: List of Funds (as per Section 52) — A. Provident Funds, Pension Funds, Insurance Funds; B. Sinking Fund, Guarantee Redemption Fund, Reserve Funds; C. Other Funds.
  • Schedule VIII: Apportionment of Liability in Respect of Pensions (as per Section 59).
  • Schedule IX: List of Government Companies and Corporations (as per Sections 68 and 71).
  • Schedule X: Continuance of Facilities in Certain State Institutions (as per Section 75). Contains a list of training institutions/centres.
  • Schedule XI: Principles governing the functioning of the River Management Boards (as per Section 85(7)(e)).
  • Schedule XII: Matters relating to Coal, Oil and Gas, and Power (as per Section 92).
  • Schedule XIII: Matters relating to Education and Infrastructures (as per Section 93).

Key Points of the A.P. Reorganization Act, 2014

  • Formation of Telangana State: On and from the appointed day, a new State known as the State of Telangana was formed comprising the territories of Adilabad, Karimnagar, Medak, Nizamabad, Warangal, Rangareddi, Nalgonda, Mahbubnagar, Khammam (excluding specific revenue villages in certain mandals), and Hyderabad districts. These territories ceased to form part of the existing State of Andhra Pradesh.
  • State of Andhra Pradesh: Comprises the territories of the existing State of Andhra Pradesh other than those specified under Telangana.
  • Hyderabad as Common Capital: On and from the appointed day (June 2nd), Hyderabad served as the common capital of Telangana and Andhra Pradesh for a period not exceeding ten years. Upon the expiry of this period, Hyderabad became the capital of Telangana, with a new capital established for Andhra Pradesh.
  • Power to Alter Boundaries: Empowers the Governments of Andhra Pradesh and Telangana to alter, after the appointed day, the name, area, or boundaries of any district or territorial division.
  • Representation of the Anglo-Indian Community: The Governor of the State may nominate one member each to the Legislative Assemblies of the successor States to give representation to the Anglo-Indian community in accordance with Article 333 of the Constitution.
  • Delimitation of Constituencies: Subject to Article 170 and Section 15, the number of seats in the Legislative Assemblies of Andhra Pradesh and Telangana are 175 and 119 respectively, with delimitation determined by the Election Commission.
  • Legislative Councils: Constituted for each successor State, consisting of not more than 50 members in Andhra Pradesh and 40 members in Telangana under Article 169.
  • High Court: The High Court of Judicature at Hyderabad served as the common High Court for both States until a separate High Court for Andhra Pradesh was constituted under Article 214 read with Section 31.
  • Bar Council and Advocates: Advocates on the roll of the Bar Council of the undivided State could give an option in writing within one year to transfer their name to the roll of the Bar Council of Telangana under the Advocates Act, 1961. Persons entitled to practice in subordinate courts continued to do so for one year despite jurisdictional changes.
  • Amendment of Article 371D: Modified the marginal heading to include both “the State of Andhra Pradesh and the State of Telangana.”
  • Distribution of Revenue & Balances: Awards made by the Thirteenth Finance Commission were apportioned based on population ratios and other parameters, with a reference made by the President to the Fourteenth Finance Commission for separate awards. Cash balances in treasuries and credit balances with RBI/SBI were similarly divided based on the population ratio.
  • Access to Higher Education: Existing admission quotas in all government, private, aided, or unaided institutions of higher, technical, and medical education under Article 371D continued for ten years, maintaining the common admission process.
  • Power to Remove Difficulties: Empowers the President to make orders not inconsistent with the provisions of the Act to remove difficulties, up to a period of three years from the appointed day.