3 Capitals: SC dismisses AP Govt’s Plea Challenging HC’s Decision

The Andhra government moved to SC arguing that judiciary can’t decide from where the executive will function.

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In an apparent upsetting development for the Andhra government, the Supreme Court on Wednesday, 26 August, refused to entertain the former's plea challenging the state High Court's decision ordering status quo on two new laws enabling the formation of three capital cities.

Earlier this month, a division bench in HC comprising Justices Rakesh Kumar, Sesha Sai and Sathya Narayana Murthy ordered for status quo on state capital while hearing a petition filed by activists of Amaravati Parirakshana Samithi.

On 31 July, the state government notified the AP Decentralisation and Inclusive Development of All regions Act 2020 and AP Capital Region Development Authority (Repeal) 2020 Act soon after Governor's assent.

The government of Andhra moved to SC arguing that the judiciary can't decide from where the executive will function, challenging the HC order.

Senior Advocate Rakesh Dwivedi, appeared for the Andhra Pradesh government.

AP government’s counsel, Dwivedi said “This has brought the whole thing to a standstill. There are preparations to be done. Preparatory steps have to be taken. It has never happened that the judiciary has decided where the executive will function from.”

However, a bench of Justices Ashok Bhushan, R Subhash Reddy and MR Shah refused to interfere with the interim order passed by the high court and asked it to decide the matter expeditiously.

The bench was informed that the main matter is pending before a full court bench of the Andhra Pradesh High Court, which will commence its hearing from 27 August.

The law gives shape to the YSR Congress government’s plan of having three capitals for the state, executive in Visakhapatnam, legislative in Amaravati and Judicial capital in Kurnool.

The petitioners, which include some NGOs and private individuals who have filed a batch of writ petitions before the High Court, had opposed the formation of three capitals in the state.

They expressed the fear that the government was likely to shift the capital from Amaravati and sought a stay on the two new acts.

(The story has been published in an arrangement with The News Minute.)