My thoughts

4 thoughts on “My thoughts”

1. I have read the article on new capitals. U have done extensive research on constitutional provisions, jurisdictional powers visavis GoI and SGs. What I observed is while central govt. can make laws on conccurrent list, having overriding powers over state legislations. While only parlisment can decide where high coutrs are to be established by notification issued by the president, locations for legislature and secretariat can be decided by the state. Accordingly APCRDA came into existence and Amaravati is made capital. I think I am right to this level.

   Here I have a doubt. If it is the power of the parliament to decide where the new high court to be set up, how SG set up high court in amaravati without any notification from president.

   Do the legislatures having power to enact laws re. location and setting up of legislature and secretariat, have power to repeal in the public interest.

   Can the SG have over riding powers over a committee constitued under central law, AP reorganization Act, to veto their recommendations and set up their own committee, without referring their recommendations to centre, at least for partisal approval of setting up highcourt in amaravsati.

   I appreciate your concern, in regard to the plight of the farmers who parted their lands for land pooling, and the suggestions to decentralise power to development of backward areas in the state.

   Good piece of research work. But in today’s polarised politics in caste lines, who will listen. Every decision in the govt is conceived how much they get back either in terms of electoral gains or money, publicity, etc.

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   1. Thanks for the kind words. I have briefly given my comments below on the points raised by you:

      (1) It was not the State Government, which set up the High Court at Amaravati. It was on the basis of Presidential order dated 26-12-2018, fixing the seat of the High Court of Andhra Pradesh at Amaravati which was issued by the Centre in the Official Gazette, as mentioned in the article.

      (2) Setting up of legislature and secretariat is within the power of the State. The State Legislature can make a law on the subject. In the normal course, it can also repeal a law already made. But, if such an action involves wastage of public money and dishonouring certain rights already vested in the third parties because of the earlier law, then such a law cannot be repealed. That is exactly the case of Andhra Pradesh, as observed by the High Court.

      (3) The Expert Committee is only an advisory body. It has no powers. The report of the Committee was forwarded by the Central Government to the State Government. As in the case of any advisory body, the recommendations are not binding on the Government. The High Court was set up by the Centre at Amaravati, only after consulting the State Government and ensuring that appropriate arrangements have been made.

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      1. 1. Informative
         2. Law makers have to seek more appropriate methods and scientific approach to curb sexual harrassements. As suggested stringent punishments are to some extent useful. Death sentence may not be much useful, as we have seen many cases after Nirbhaya’s case.
         3. Sugeestions on taxation are good.

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2. Thank you very much sir for your great contribution for providing cultural heritage for us.

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