SECTION 8

People across the Telugu community have several questions about Section 8 of AP State Reorganization Act 2014; Media is irresponsibly airing the nonsense, but what is the real Truth? Let's find out.

Section 8

          (1) On and from the appointed day, for the purposes of administration of the Common Capital Area, the Governor shall have special responsibility for the security of life, liberty and property of all those who reside in such area.

          (2) In particular, the responsibility of the Governor shall extend to matters such as law and order, internal security and security of vital installations, and management and allocation of Government buildings in the common capital area.

          (3) In discharge of the functions, the Governor shall, after consulting the Council of Ministers of the State of Telangana, exercise his individual judgment as to the action to be taken:

          Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this sub-section required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment.

          (4) The Governor shall be assisted by two advisors to be appointed by the Central Government.

If we read above text of section 8, it is very clear that it should be implemented from "on and from the appointed day" i.e., 2nd June 2014 and Governor shall have special powers to hold Law and Order of joint capital city Hyderabad (Greater Hyderabad Municipal Corporation Area).

Why isn't it implemented till date then? Telangana region leaders opposed this section at the time of drafting AP State Reorganization Act 2014, however, they didn’t object it vehemently with a fear that if they do so, it might impact passage of the bill and they won't get Telangana state; to this extent they didn’t raise any objections at that time. Also, the new BJP government wished to avoid any nuisance as soon as they sworn in, by implementing the reorganization bill as-is (especially Section 8). It is also partly delayed because of TDP party, as they believed they are strong in both the states. While dividing the state, Congress party was under the impression that they can come to power, if not in both the Telugu Speaking States at least in Telangana, and then control AP through the Governor; they didn't consider alternative scenario what if rival parties came into power. Just like TRS, had any Andhra focused party had come to power on the other side, then the rivalry between the states would have been so hot that the chances of implementing Section 8 from 2nd June 2014 would have been very high.

Currently situation in Hyderabad is very peaceful, and law and order is under control; then why is the Central govt. considering to implement Section 8 now? As we all know, implementation of this section has already delayed for a year now, and as per the act it has to be implemented sooner or later. Also, both the state CM's are fighting against each other, and we don't know when the law and order can turn into chaos. This would be the right occasion to implement it.

If Telangana leaders say that they don't obey the Section 8, then AP leaders will object some other section, then what would be the situation? Both leaders have to obey the Act otherwise we will be back to square one.

Telangana leaders are saying that TDP brought this Section 8 issue in order to cover up Note for Vote case. Though this can be true to an extent, having the law and order under Governor’s control, doesn’t mean the Note for Vote case will cease to exist. Still the case would have to take its own course per the court rules.

Telangana leaders are claiming that Section 8 can only be implemented in a situation when the law and order is not in control. That's not true as no such condition or text exists in Section 8 of the Reorganization Bill. If what Telangana leaders claim is true, and they still wish to be law abiding, then as per Article 3 of the Indian constitution, President can't use Article 3 to divide a state and send a bill to any state; he can a send bill only to alter boundaries in case of dispute between states. This can be drawn from Article 3's 5th amendment, since the text exists in this, to get best interpretation out of it. This point is pending with Supreme Court of India in WP (C) 207 of 2014. As per this argument, AP division is unconstitutional. Will Telangana leaders abide by this law then?

Telangana leaders are claiming that the Governor can act only as per the wish of the Telangana Govt. This also absolutely wrong, since Section 8(3) categorically stated that the "decision of the Governor in his discretion shall be final and the validity of anything done by the Governor shall not be called in question".

Telangana leaders are making one more claim that the implementation of Section 8 is a Presidential rule. It's another absolute lie. In President Rule, Legislature's assembly will be in suspended animation mode, and CM and the cabinet will lose its powers. If Section 8 is implemented, assembly still runs normally and the cabinet also runs normally. Only law and order within the GHMC area will be under Governor's control and cabinet going to do all administrative tasks and development.

According to reports in several news channels, Telangana CM KCR called CMs from all other states and asking their support since the Central (BJP) Govt. is encroaching in to the state's rights. Telangana state itself was formed with Central (UPA / Congress) Govt. encroachment. Previous state divisions in India happened only after corresponding state assembly approved the bill. But in AP case it got separated, even after State assembly rejected the division bill in writing and with voice vote. As per Article 1, Indian states are sovereign and the states have the right for self-existence. This point is also pending with Supreme Court of India in WP (C) 207 of 2014.

Corruption doesn’t necessarily occur in the form of cash and kind; it can occur in any form. In the case of AP State division, UPA govt. abused political power, misused the Article 3 and it undermined the rule of law to manipulate human weakness, to get benefit out of it in the form of votes and to come back in to the power, this is nothing but corruption at higher level.

Justice has been denied and delayed for Andhra Pradesh State, Members (All States) of Indian Union and fellow citizens of India, we all are victims of power abuse and our Human rights are violated as per Human Rights Council's resolution A/HRC/RES/7/11. Human Rights are derived from the Constitution. Constitutional violations are more dangerous than any other type of violations.

As of date, 35 plus cases are pending with Supreme Court of India since Dec 2013, in relation to the AP State Division issue. I hope that the section 8 issue flare up a bit more, so it will enable the Supreme Court to take up the AP State division cases seriously.

Vande mataram

Thanking You
Vishnu Alluri