No. 12012/1/2013-SR_ Government of india Ministry of Home Affairs Gentra-State Division New Delhi, NOTE FOR THE CABINE’ Subject: Bifurcation of the State of Andhra Pradesh and formation of a new State of Telangana — Enactmsnt of Legislation - Regarding. The Andhra Pradesh Reorganisation Bill, 2013 was suitably modified in the light of the directions given by the Gabinet in its meeting held on 5 December, 2013. The revised Bill was referred by the President to the State Legislature of Andhra Pradesh on 12" December, 2019 for expressing its views thereon as required under article 3 of the Constitution within 2g January, 2014 (annexure A). The Andhra Pradesh Government sought an adultional time of four weeks for this purpose. The Hon'ble President was pleased fo grant an addifionel time period af saven days and extended ihe period for the State Legislature to express its views til the 30” of January, 2014. The Andhra pradesh Government sought a further extension of time of three weeks which wos not agreed to by the Honble President, Consequently, the State Legisiature of Andhta Pradesh concluded their proceedings on the 30" of January and the Government of Andhra Pradesh comrrunicated the views of the State Legislature. 2. Both the Houses of the Andhra Pradesh State Legislature, while considering the Andhra Pradesh Reorganisation Bil, 2013, concluded their proceedings by passing identical resolutions. The content of the resolution is as follows: “7ho House whilo rejecting the A.P. Reorganisation Bi, 2013, resolves fo request fho Hon'ble Prosident of india not fo recommend the A.P. Reorganisation Bil, 2013, for introduction in the Pasiamenf as the Bill seeks to biturcate the Sfato of “Andhra Pradesh without any reasorvbasis and without arriving at a consensus, in iter disregard fo the linguistic and cultural Homogeneity and economic end Page 1 of 294 |SECRET No. 12012/1/2013-5R, Government of India Ministry of Home Affairs Centie-State Division administrative viability of both regions. The Bilt also completely ignores the very basis of formation of Stale of Andhra Pradesh, the first linguistic State created in independent india.” 3. In this regard it may be mertioned that the views of the State Legislature are not binding on Pariament. This view has aiso been reiterated in the Supreme Court judgment where a challenge was made to the previous Siate Reorganisation Acts enacted in the year 2000 in the case of Pradeep Choudhury and others vs. U.o.| in Transfer Case (Civil) No. 62 of 2002'. The Supreme Court in its judgment delivered on 5" May, 2008 had heid that consultation with the State Legislaiure although is mandatory but its recommendations were not binding on Parliament. ‘Consultation’ in a case of this nature would not mean concurrence. It also inter-alia held that even in a case where substantive amendment is carried out the amended Parliamentary Bill need not be referred to the State Legisiature again for obtaining its fresh views. it may be mentioned that similar views of the Supreme Court have already bean expreesed in the Babuial Parante v. State of Sombay, 1960 AIR SC 61, 1960 SCR (1) 608, Ram Kishore vs. Uol ( AIR 1866 SC 644), Mangal Singh vs Vol in (1967) 2 SCR 109, Manohar Lal vs Uol (AIR 1970 Delhi 176(180)), State of Maharashtra vs. Narayan Shamrao Purank reported in (1982) 3 SCC 519 and Mullaperiyar Environmental Protection Forum vs U.o i on 27/2/2006, 4. The Presiding Officers of both the Houses of the Stata Legislature had ruled that the proposals for amendmentsiexpression of views in writing by the Members on the clauses received from the Members wil aiso form a part of the official record. Based on the above mentioned proposals and the debates, the views of the State Legislature thereon are encapsulated at Annexure B. * bttpy/ fluc nic In/supremecourt/imgs1.aspx*itename=34543 Page 2.0294SECRET No. 12042/1/2013-SR Government of india Ministry of Home Affaire Centre-State Division 5. The views of the Legislature of the Andhra Pradesh on the Andhra Pradesh Reorganisation Bill 2013 were communicated to the concerned Ministries/Departments/Planning Commission for their opinion. The views of the Ministries/Departments were also elicited in the meetings of the Group of Ministers which was convened on 4", 5 and 6! February, 2014, The suggestions made by the State Legislature were examined by the GoM in its meetings. Some of the suggestions were found to be scceptable and some were Not acceptable. These are given in the comparative statement along with the Views of the concerned Ministries/Departnenie/Planning Commission/Election Commission as well as of the Ministry of Home Affairs at Annexure C. 8. Keeping in view the modifications recommended by the GoM a fst of amendments have been been prepared to the Andhra Pradesh Reorganisation Bill, 2013 (as referred by the President to the State Legislature) and the same is Placed at Annexure D. The list of official amendments has besn prepared in consultation with the Legislative Department. 7. The approval of the Cabinets soficited to— a) Modify the Andhra Pradesh Reorganisation Bill 2013 by insarting/adding the amendments given in Annexure D and introduce the so modified Bill in Parliament; OR b) To introduce the Andhra Pradesh Rearganisation Bil, 2013, which was sent to the State Legisiature for comments, in Parliament and after its introduction move the amendments given in Annexure D as official amendments which would highlight the suggestions received from the State Legislature and the Andhra Pradesh Government and accepted by the Central Governement, ©) And to cary out such incidental and consequential amendments as may be considered necessary from the drafting angle before the said Bill is introduced in Partiament in consulation with the Legislative Department Page 3 of 204