My submittal to Telangana GoM- part 1/3

November 5, 2013

The Chairman

Group of Ministers (GoM)

Ministry of Home Affairs (MHA)

Government of India (GoI)

New Delhi

feedbacktogom-mha@nic.in

Sir,

I am writing in response to the call by the GoM on Telangana formation for feedback. I write as an Indian citizen genuinely concerned about both the overall national interest and the welfare of the Telangana.

As desired by the MHA notification, I am providing feedback on each of GoM's terms of reference (ToR).

Nomenclature & methodology

I understand the cabinet intends to name the proposed new state as Telangana. This is a welcome move as the name represents the multiple facets of both the region and the decades long statehood movement.

The term "Seemandhra" has emerged in the recent past to denote the non-Telangana areas of current Andhra Pradesh. I urge the post-bifurcation residuary state may accordingly be named as Seemandhra. This nomenclature has the following advantages over the alternate option of retaining the existing name for the residuary state:

·         Denotes the combination of Seema (Rayalaseema) and Andhra

·         Eliminates the Hindi word "Pradesh"

·         Eliminates the possible confusion between the pre-bifurcation & post-bifurcation

·         Reinforces the fact that both Telangana & Seemandhra will be successor states of current Andhra Pradesh (AP)

Accordingly I use the term Seemandhra throughout this submittal to denote the residual state while reserving the terms "Andhra Pradesh" & "AP" to the present state.

The GoM is fully familiar with the various aspects of the long standing movement for Telangana as well the historical background of the region. The following broad methodology is accordingly suggested for the state formation process:

·         Telangana may be regarded as the sole successor of the erstwhile Hyderabad princely state as well as the post-accession part B state of Hyderabad

·         Seemandhra may be regarded as the sole successor of the erstwhile Andhra state

·         Both Telangana & Seemandhra may be regarded as successor states of Andhra Pradesh

·         To the extent practicable, the methodology may be based on an the likely consequences that may have occurred if Telangana & Seemandhra had not merged in 1956

·         Most importantly, the cardinal principle of "equality of states" must be stressed to ensure Telangana takes its rightful place as the twenty ninth state of India, on par with all other states. This requires the rights & responsibilities of both the future successor states be not impaired or fettered in any way.

Several aspects of the Telangana formation may depend on factual data and interpretations thereof. You are aware that the modalities of data collection, presentation & analysis as well as the reliability of the same are widely contested on both sides. In general, the data models adopted by the state government are neither susceptible to an audit trail nor rigorously tested for homogeneity. The situation is further complicated by the fact that senior politicians and officials have adopted a belligerent stand opposing Telangana formation.

In view of the above, it would be unfair to both Telangana & Seemandhra if irreversible decisions are taken without either the participation of the relevant stakeholders or the guidance of independent arbitrators. Data provided by the state government may therefore be used only for essential interim decisions followed by a due process of verification, negotiation, adjudication & adjustment in the post-bifurcation phase.

ToR1

Determine the boundaries of the new state of Telangana and the residuary state of Andhra Pradesh with reference to the electoral constituencies, judicial and statutory bodies, and other administrative units

Telangana may be consist of territory of ten districts, namely Adilabad, Nizamabad, Karimnagar, Medak, Ranga Reddy, Hyderabad, Mahabubnagar, Nalgonda, Warangal & Khammam as per the present boundaries. The other thirteen districts may be retained with the residuary state that may be renamed as Seemandhra.

Telangana formed as above would consist of 119 Vidhan Sabha members. The rest of the 175 MLA's would be members of the Seemandhra Vidhan Sabha. The lone nominated MLA may be treated as belonging to Telangana while a suitable nominee for Seemandhra may be decided as per the applicable due process.

There are 90 members in the present Vidhan Parishad. Telangana Vidhan Parishad may be constituted with 40 members with the other 50 MLC's may be allocated to Seemandhra. The allocation of Vidhan Parishad members representing local authorities, graduates & teachers may be based on the constituency they represent. MLC's elected by AP MLA's and those nominated by the Governor may be assigned to an appropriate successor state by applying the following criterion in sequential order:

·         If he has held an elected office in the past, he may be assigned based on the constituency he represented in the past

·         If he has contested for an elected office in the past, he may be assigned based on the constituency he sought to represent in the past

·         If he has held a public office, he may be assigned based on the local cadre he belonged to

·         If he was educated in a university, he may be assigned based on the local area he belonged to

·         Place of birth

In case of excess membership in any successor state, an appropriate decision on who shall forfeit his membership may be taken under the applicable due process. In case of a shortfall, the vacancy may be filled at the earliest opportunity.

All constitutional offices may be continued to be held by the existing office bearers in their respective bearers. The other positions may be filled by the applicable due process. It may be noted that the Chief Minister, Speaker and Vidhan Parishad Chairman hail from Seemandhra while the Deputy Speaker & Deputy Chairman belong to Telangana.

It is envisaged that the days leading to the "appointed day" and the immediate aftermath thereafter are likely to be tumultuous. Given the delicately balanced situation and the stiff resistance to Telangana statehood in the upper reaches of political leadership, the role of the Governor may become crucial to the effective functioning of the two successor states. It is therefore prudent to allocate the honorable Governor to Seemandhra while appointing an eminent person from outside political/bureaucratic spheres as the Governor of Telangana.

As per convention, a new Advocate General may be appointed for the two new states on the advice of the political leadership.

There are 18 Rajyasabha seats presently allocated to AP. As Telangana electors are 42.8% of AP's 5.79 crores in 2009, the state may be allotted 10 Rajyasabha seats on a prorata basis. The other 10 seats may be allocated to Seemandhra.

Using the criterion outline above for MLC's, eight Rajyasabha members (MA Khan, Nandi Yellaiah, Rapolu Anand Bhaskar, Sudha Rani, Hanumantha Rao, Govardhan Reddy, Devendar Goud & Renuka Chowdary) may be allocated to Telangana. Eight other members as well as the lone vacancy similarly relate to Seemandhra. Allocating the sole non-AP member (Jairam Ramesh, honorable Rural Development Minister) to Seemandhra would ensure minimum disruption to the honorable MP's. The lone vacancy may be filled by election in the Seemandhra assembly.

The constituencies reserved for SC/ST in the Loksabha & Vidhan Sabha may be continued to be so reserved till the next delimitation exercise.

There are 17 Loksabha constituencies in Telangana and 25 in Seemandhra presently. Based on the 2009 delimitation exercise, the electors in the two successor states are 2.48 crores & 3.31 crores respectively. This yields a skewed result of 14.58 lac electors/Loksabha seat in Telangana as opposed to 13.24 lacs in Seemandhra. This anomaly may be corrected before the next elections by increasing the Loksabha seats in Telangana to 18 and a corresponding decrease in Seemandhra. The Vidhan Sabha membership in both states can be changed in the ratio of 1 Loksabha: 7 Vidhan Sabha members.

ToR2

Look into the legal and administrative measures required to ensure that both the state governments can function efficiently from Hyderabad as the common capital for 10 years

It may be noted at the outset that the constitution does not mention the term "capital" anywhere. The so called "common capital" is essentially a political decision that is being sought to be imposed through executive action.

It is worth recalling the situation that prevailed during the agitation for the erstwhile Andhra state. Initially the Andhras claimed Madras should be the capital of the proposed new state. However these efforts failed to materialize due to the strong principled stand taken by the central leadership. In the violent aftermath following the demise of late Potti Sreeramulu, the center conceded the demand for the Andhra state but held firm in its resolve that Andhras forego their claim on Madras.

This gave rise to a demand that Madras be made a "common capital" or a "joint capital" of both the states. Justice KN Wanchoo Committee was constituted to "set out, consider and report on the financial and other implications of this division and the various questions which will arise in the course of implementing the decision of the Government of India more particularly by reason of the non-inclusion of the city of Madras in the Andhra State”.

Justice Wanchoo recommended that the "temporary capital" of Andhra may be located in Madras for a period of 3-5 years. He noted however: "It should be clearly understood that the jurisdiction over the city of Madras will in all matters rest in the residuary State (Madras) and the Government of the new State (Andhra) will merely be in the nature of guests or tenants in Madras city".

Acknowledging the Tamil fears that Andhras will not leave Madras after the period of 3-5 years, Justice Wanchoo refuted these on the ground that "Andhra Government would have no powers in the city of Madras and one would normally expect that such as Government would like to go to its own territory, where it can exercise all the powers of Government, as early as possible". He further recommended that essential parts of the Andhra government to be shifted from Madras "at once". He identified these parts as "the Governor, the Legislature, the Ministers and the Secretariat and certain other essential Heads of Departments like Inspector General of Police".

In the end, wiser counsel prevailed and the "temporary capital" idea was given a decent burial. The brief history of the erstwhile Andhra state was full of bickering and political high drama, mostly centered on the location of its capital.

The situation today is similar or even worse:

·         Much of the turmoil caused in the recent weeks by ambitious political interests centers around the city of Hyderabad

·         These high decibel campaigns are trying to generate a fear psychosis on the future of Andhras in Hyderabad

·         The memories of bitterness over Madras city persist

·         The imbroglio over Chandigarh raises apprehensions among Telanganites that Andhras will not let go of Hyderabad

·         The probability that motivated agitations demanding a share of Hyderabad will continue through the "common capital period" is high

·         A fresh round of disturbances as the "expiry date" comes close is almost certain

·         The question of Seemandhra capital location is likely to be as contentious as before

It is therefore imperative that the idea of "common capital" is dropped. This is essential to ensure the smooth functioning of the two successor states with minimal transition effect.

ToR3

Take into account the legal, financial and administrative measures that may be required for transition to a new capital of the residuary state of Andhra Pradesh

As stated above, there are serious apprehensions that Seemandhra capital will be a contentious issue. The location of the new Seemandhra must be settled by the appointed day via consultation among the different stakeholders or by central government decision if consultations do not bear fruit.

Following the spirit of the Sribagh Pact, the Seemandhra High Court may be located in a region other than that housing the capital. For example, if the capital is located in Rayalaseema, the High Court may be situated in Andhra. It may be recalled that Andhra lawyers have been agitating for a long time for a High Court Bench to be located in Guntur.

The reorganization act may therefore provide for a separate Seemandhra High Court. The location of the court may be decided in consultation among the different stakeholders or by central government decision if consultations do not bear fruit.

The allocation of barristers to the respective high courts may be on the he following criterion in sequential order:

·         If he has held an elected office in the past, he may be assigned based on the constituency he represented in the past

·         If he has contested for an elected office in the past, he may be assigned based on the constituency he sought to represent in the past

·         If he has held a public office, he may be assigned based on the local cadre he belonged to

·         If he was educated in a university, he may be assigned based on the local area he belonged to

·         Place of birth

Seniority of practice may be used as a "tie breaker" if so required.

The transition may be handled as follows:

·         The essential parts of the Seemandhra government including Governor, Legislature, Ministers, Secretariat, the upper echelons of bureaucracy (e.g. Police, heads of departments) to move by the appointed day

·         Establishing a High Court in Seemandhra with a skeleton staff by the appointed day

·         Fully staffing the Seemandhra High Court within one year from the appointed day

·         Most of the Seemandhra state level government machinery (excluding only those functions that face serious logistical difficulties) to move within one year from the appointed day

·         Complete transition within two years from the appointed day

Physical separation of Telangana & Seemandhra facilities is essential throughout the transition period. Telangana state must receive priority in the allocation of facilities in order to ensure that all Government functions continue at the same facility without relocation at the end of the "temporary capital period".

The following measures are required to ensure peaceful & vacant possession at the designated period:

·         The costs associated with the High Court shall be borne by the central government in totality

·         To ensure the spirit of "guests or tenants" it must be ensured that the Seemandhra government reimburses all other expenses relating to rent, maintenance, upkeep, utilities, security etc.

·         The identified facilities may be handed over only after the essential parts of the Seemandhra government move to the identified location in its boundary

·         The lease agreements shall be for a strictly limited specific duration with no extension clause

·         The security deposit shall be fixed at twenty five times the estimated annual expenditure towards rent, maintenance, upkeep, utilities, security etc.

·         Any financial assistance/package provided to the Seemandhra government shall be linked to the milestones specified above and released only after the milestone is achieved