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Telangana and Seemandhra New States, SEEMANDHRA and TELANGANA (consisting of the 10 districts of Hyderabad, Adilabad, Khammam, Karimnagar, Mahbubnagar, Medak, Nalgonda, Nizamabad, Rangareddy, and Warangal) SEEMANDHRA has the remaining districts 1 The Congress party’s decision in favour of the bifurcation of Andhra Pradesh to create Telangana is a demand pending for the last five decades. When a separate Andhra State was carved out of Madras Presidency in 1953 on a linguistic basis, there was a demand for a separate Telangana State comprising the Telugu-speaking areas of Hyderabad State. The Congress wanted to settle the statehood issue once and for all. 2 The central government will help the Seemandhra region to build a new capital but is unlikely to change the status of Hyderabad or make it a Union Territory as it would create more problem in Telangana region. The Union Cabinet had decided that Hyderabad will be joint capital of the two states for 10 years. During its deliberations, the G o M will elicit response from ministries of Water Resources, Power, Finance, Road Transport and a few others on issues concerning division of assets, sources said. 3 4 5 Why Telangana? allegations Now, there is no integration - linguistic or social Created Identity Crisis for people in Telangana Lack of respect, acceptance or at least tolerance for language and culture of Telangana, instead, they hate without reason Undue and continuous Diversion of Resources –water, funds, employment opportunities Discrimination against – in education facilities, irrigation, employment etc. 6 It is called a -Democratic wish Because 99 per cent people in Telangana wanted it. They have a legitimate right to ask for Telangana state. Parliamentary Democracy accommodates demand for autonomy by separate state. Integrity is not affected by dividing a Telugu speaking state into two . Living together depends on mutual consent, Telangana is not consenting to live with Andhra. There should be a social contract. 7 --- Separate Andhra demand was growing Even if all Andhras unanimously wish unity cannot stand because Telangana does not want it. There is no unanimity among Andhras on United Andhra. Rayalaseema too does not want to go with Andhra? Separate Andhra demand was growing 8 ---People voted for it 1971 people voted for Telangana by electing 11 of 13 seats to Parliament 2004 people of both Telangana and Andhra voted out TDP Government which went with manifesto of United State, gave a positive verdict for Telangana by electing Congress TRS with huge margin. More than 33% People in Telangana in 2009. it is not possible to separate Telangana vote because every party including Prajarajyam supported Separate Telangana 9 ---Parties Stated it All opposition parties agreed to it on Dec.7, 2009 when CM Rosaiah convened a meet. Congress Legislature Party did not oppose Telangana and had authorized Mrs Sonia Gandhi to decide. Dec 9 Declaration of Telangana was based on these factual support and political backing for Telangana, officially in Parliament also. 10 ---Not a small state Separation of Telangana from not so integrated Andhra Pradesh is just a segregation and not destruction of integrity. It is switching back to pre-1956 identifiable, pre-existing, viable state, which is not new. Telangana will not be a small state. This demand does not depend upon the advocacy for small states. 11 ---Constitutional Demand Preamble, DPSP, Articles 37, 41 and 14 together impose an obligation on state to accord equal protection to citizens. Telangana is treated unequal and needs this protection. Article 16(3): Parliament alone can prescribe residential qualification for jobs under the government of „a State‟ or a local or other authority within „a State”. Exception is an attempt to reconcile the conflicting claims of equality based on concept of single citizenship and justifiable local demands for local jobs. 12 About 45% of the forest area in Andhra Pradesh state is located in Telangana, spread across five districts. Around 20% of the coal deposits of India are found in Telangana. The Singareni Collieries Company excavates coal for industrial purposes and for fuelling power generating plants. The power generated here supplies the entire south India. There are limestone deposits in the area, which are exploited by cement factories. Telangana has deposits of bauxite and mica. 13 ---Guarantee from C A Guarantee from Constituent Assembly: "the Constitution Assembly while guaranteeing fundamental rights in the matter of employment under the State, took notice of this vast disparity in the development of various States and felt it imperative to continue that protection in the matter of employment afforded on the basis of residence within the State and made provision under Article 35 (b) of the Constitution for the continuance of those laws." 14 ---Judicial justification to sons of soil In D.P. Joshi v Madhya Bharath AIR 1955 SC 334 exemption from capitation fee to native students (with 5 yrs of residence) was upheld In Jayanthilal v Saurashtra (AIR 1976 Sau 54) a rule granting free education in government schools only to persons who were residents within jurisdiction of the old Limbdi State merged in Saurashtra, or who owned immovable property in that state was upheld as the property could be acquired by outside persons also. 15 ---No opportunities for Telangana? Hyderabad State was one among the several other Princely States of India. Earlier, there were no adequate Educational facilities afforded to the People of the State, in the result, there were very few opportunities available to the people of the Region to enter public service in competition with others from outside the State. 16 Another contributing factor in this behalf was the use of Urdu, which was not the language of nearly ninety per cent of the people, as the Official Language in the entire administration of Hyderabad state. Similar conditions prevailed in a few other States as well. So much so, that these people were not in a position to compete with others in the matter of employment even in their own State, if no protection was afforded to them in this behalf on the basis of residence within that State (extracted from judgment of Madhava Reddy J of AP High Court) 17 Telangana is on an elevated plateau. Godavari and Krishna, flow through the area, but most of the land is arid. Northern Telangana gets between 900 to 1500mm rainfall per year from the southwest monsoons. Various soil types abound here, including chalks, red sandy soils, dubbas, deep red loamy soils, and very deep b.c. soils that facilitate planting mangoes, oranges and flowers. 18 Climate Telangana is a semi-arid area within Andhra Pradesh and has a predominantly hot and dry climate. Summers start in March, and peak in May with average high temperatures in the 42 °C (108 °F) range. The monsoon arrives in June and lasts until September with about 755 mm (29.7-inch) of precipitation. A dry, mild winter starts in late November and lasts until early February. With little humidity and average temperatures in the 22–23 °C (72–73 °F) range, this is the most comfortable time of the year. 19 DISHONORED, BREACHED AND DENIED Telangana 20 Andhra Assembly Resolutions Andhra Assembly Resolution dated 25th November 1955 para 3 stated: “…they would have due reservation in respect of appointments and on par with their population and that we have absolutely no objection to concede to them their due share in other respects also.” Another Resolution on February 1, 1956 essentially said that “we would not touch your 1/3 share in employment”. 21 Gentleman Agreement Due share in employment to Telangana No Telugu exam as qualifying exam for T employees Deputy Chief Minister to Telangana Telangana Regional Development Council TRC on the lines of autonomy council with devolution of powers and funds. Clearance by TRC for purchase of lands in Telangana (each is breached) 22 Mulki: Reservation for sons of soil Domiciliary qualifications were felt needed in princely States where there was no all round development. Mulki Rules existed in Nizam and 13 other similar dominions in pre- Independence era. Ambedkar suggested a uniform law made by Parliament to protect the interests of natives. Mulki rules were truncated from 15 to 12 years 23 Public Employment Act Public Employment (Requirement as to Residence) Act, 1957, The Preamble reads: "An Act to make in pursuance of clause (3) of Article 16 of the Constitution special provisions for requirement as to residence in regard to certain classes of public employment in certain areas and to repeal existing laws prescribing any such requirement." PE Act made a provision for five years for residential rules of a similar character for three Union Territories and the Telangana Region as per Section 2 from 1959. 24 G.O. 36 On 21st January 1969 GO Ms 36 was passed assuring relieving of non-Mulkies from Mulki posts and filling them with or waiting till the qualified Mulki candidates come up. All those relieved non-Mulkies have to be accommodated in their respective regions. This GO Ms 36 was challenged in AP High Court as unconstitutional. 25 Injustice by AP High Court AP High Court held GO 36 unconstitutional. quashed by 4:1 majority. Indira Gandhi Govt responded with 8 point formula and then 5 point formula to reserve posts for domiciles in Telangana. Justice by SC (five JJ) upheld the validity of safeguards to Telangana by GoMs 36, totally agreeing with dissent of one judge in AP HC (Madhav Reddy, only one belonging to Telangana) 1973 SC 827 26 Justice by SC, denied by Andhra Justice by SC (five JJ) upheld the validity of safeguards to Telangana by GoMs 36, totally agreeing with dissent of one judge in AP HC, 1973 SC 827 Not to allow the benefit of this judgment, Andhras agitated for separate Andhra, which led to removal of safeguards. Constitution is amended to dilute the safeguards, Art. 371 was altered and 371D is added 27 Regional Committees - Article 371 Art. 371 has provided for the constitution of the Telangana Regional Committee. The Constitution (Seventh Amendment) Act, 1956, substituted new 371 for the old. (i) Not withstanding any thing in this Constitution, the President may by order made with respect to the state of Andhra Pradesh provide for the constitution and functions of regional committees of the Legislative Assembly of State, 28 New 371 for the old. …. for the modifications to be made in the rules of business of the Government and in the rules of procedure of the Legislative Assembly of the State and for any special responsibility of the Governor in order to secure the proper functioning of the regional committees. (This clause is omitted by 32nd Amendment 1973 w e f 1.7.1974) Before removed, Andhra Rulers breached the mandate. Neither constituted Regional Committees nor gave powers 29 371D, Why? Pursuant to Six Point Formula agreed upon by various political leaders of the State, by Constitution 32nd Amendment Act, the Parliament introduced Article 371D for the State of Andhra Pradesh with the object to ensure equitable opportunities in the matter of Public Employment for persons coming from various parts of the State, 30 Employment Order 1975 President issued the order known as Andhra Pradesh Public Employment (Organisation of Local Cadres and Regulation of Direct Recruitment), Order 1975, Para 3 provides for organisation of Local Cadres. 31 371D: Safeguards for Telangana Reduced & Diluted Special Provisions with respect to the State of Andhra Pradesh, inserted by the Constitution (Thirty-second Amendment) Act 1973 wef 1.7.1974. Gives powers to the President to make different provisions for various parts of state for people belonging to different parts of state in the matter of public employment and in the matter of education. Telangana special provisions are removed and residence based reservations are made for different regions. Regional Committee for T is removed. Safeguards available for Telangana gained by 1969 agitation were removed by counter agitation by Andhras. 32 President‟s order GO 674 1975 Constitution was amended in 1973 changing 371-D pertaining to public employment in AP, authorizing the President to make special provisions. President issued order with GO Ms No 674 on 18-10-1975 outlining the modalities for the implementation of 6 point formula. 33 Go Ms 675 AP Public Employment Order made Presidential Order not applicable to the posts above the rank of LDC in Government offices with state-wide jurisdiction such as secretariat etc. In Andhra and Rayalaseema zones (I to IV) the quota for non-locals were filled by locals of that region. (violations in practice) 34 Violation of Presidential order AP Govt invented a new zone “free zone” designating as Zone VII where non-locals could be appointed. Not in tune with 6 points formula In respect of the posts above LDC the „principle of fair share” proportionate to the region wise population has to be followed. But not followed. 35 Principle of Fair share According to the statement of TNGOs to the Officers Committee in 1983-84, around 58 thousand non-locals were appointed in posts reserved for local people. NTR Govt. appointed an enquiry committee to study violations of 6points, with Jaya Bharath Reddy, Kamalnadhan, Umapathi. 36 GO Ms 610 The committee appointed by NTR pointed out lapses and departures from six point formula and suggested rectification. The Govt. issued GO Ms No 610 on 30.12.1985. It ordered repatriation of employees from different regions to their own, action against bogus registrations in employment exchanges. 37 Amendment to Presidential Order also violated In 2000 the Presidential Order was amended by an order of Ministry of Home Affairs. These amendment were given effect to with retrospective effect from 1.1. 1994, legitimizing all lapses in direct recruitment and allocation. This is impact of lobbying of Andhra to pre-empt any litigation. Mr Girglani was appointed to reexamine the lapses in implementation of 610 GO 38 Hyderabad is not Free Zone! Andhra Pradesh HC Full Bench (S.B. Sinha, C.J., S.R. Nayak and Goda Raghuram, JJ.) in G Anantha Reddy v APAT, MANU/AP/0734/2001, said: no separate cadre has been organized for the City of Hyderabad within the meaning of paragraph 3(6) of the Presidential Order. Nuti Rammohanrao argued same 39 Full Bench AP HC They (Inspectors of police) do not fall within the provisions of para 14 of the Presidential Order. The transfers from and to the establishments and units of Hyderabad City Police therefore fall within the parameters of para 5(2)(c) to (d). 40 • A person once allotted to one zone and attached to his post must be said to be belonging to the same zone and he has no right to come to any other cadre, which is not organized one. • Conclusion (c) No recruitment to the post of a police officer as defined in Section 3(b) of Hyderabad City Police Act 1348 Fasli has been made and there is thus factually no incumbent of the post of police officer under para 14(f) of the Presidential Order. 41 371D Clause (10) of Article 371-D: provides that the provisions of the Article and of any order made by the president thereunder shall have effect notwithstanding anything in any other provision of the Constitution or any other law for the time being in force. Therefore, the Presidential Order prevails over any other law existing or made in future. 42 Presidential order prevails Presidential Order prevails over any provision of the Constitution or any other law for the time being in force. In this Constitutional position, while the provisions of the Act 1985 are plenary within that sphere would nevertheless require to be construed in harmony with the provisions of the Presidential Order. The liability of a member of the police force to be transferred to any part of the State and the concomitant power of the State Government to so effect a transfer is thus subject to the limitations enjoined in the Presidential Order. (Transfer is challenged) 43 Grave Injustice by Supreme Court SC gives primacy to Hyderabad Police Act over and above the Presidential Order, which was issued after two agitations of the people. When validity of treating Hyderabad is challenged, SC validated because it is treated as Free Zone, saying “in capital all eligible officers should get opportunity”. SC judged this against the constitutional provision under 371D. 44 SC visualize a separate zone We, however, visualize that the State as a whole may consist of five or six divisions, the twin cities including the cantonment being constituted into a separate division. -GS Singhwi, J What is the basis for it? 45 Contradictory stand of state State Government and Commissioner of Police presented consistent stand that Hyderabad City Police has been treated as free zone and the vacancies in City Police are notified separately. At the end state changed the stand and said there was no free zone. “Contrary stand taken by the State afterwards is inexplicable and is liable to be discarded”, said SC. 46 Dubious role of state in SC State argued: Exclusion clause contained in paragraph 14(f) could operate only if a separate cadre had been carved out for Hyderabad City and submitted that in the absence of any recruitment having been made for Hyderabad City Police, the Full Bench rightly treated the Inspectors of Police working in Hyderabad City Police establishment as belonging to Zone VI in the zonal cadre. (SC observed this as strange change of stand by state) 47 Held SC held: ….for the sake of convenience, was described as Zone VII or free zone” (in the advertisements, 1985, 1991,1994) and because appointments were made by commissioner of police). SC judgment is based on advertisements, and support of state in its counters, though it was changed later. Who represented state in SC served the interests of Andhra, and court ignored the spirit behind safeguards and validated wrongful practice. 48 Socio-economic backdrop ignored The Supreme Court (Kami Reddy v. State of A.P. AIR1988SC1626 )observed that reasonableness or otherwise of the restrictions imposed by the Regulation has to be tested with reference to socio- economic landscape in the backdrop of which the Regulation was made. Supreme Court totally ignored it in Hyderabad case. 49 Telangana SABOTAGE [?] BY CHIEF MINISTER 50 Rajsekhar Reddy‟s sabotage Besides blocking the Union‟s promise to form Telangana, Chief Minister Rajsekhar Reddy deliberately chose non-state Advocate to represent State, who did not bring relevant issues before SC to give a wrong judgment on Hyderabad free zone Without proper study of the problem Supreme Court gave baseless judgment. Strong Andhra lobbyists & strategic CM misled SC to do injustice to Telangana 51 Political vacuum?_Alleged 1. Clever Andhra leaders, both Congress and TDP diverted resources, 2. Telangana ministers of those parties remained mute spectators, they lacked in commitment 3. Corrupt Bureaucracy who also support corrupt Andhra political leaders 4. Telangana bureaucrats – less in number and very few with commitment, some saleable, or silent suffering minority in every office. 52 …Rivers hijacked(?) from Telangana Constitution provided redress to Interstate river water disputes But, No mechanism for intra-state river water allocation, or resolution, left totally to executive discretion which favoured Andhra at cost of Telangana for decades. No solution for deprivation of Telangana by diversion of rivers, within AP under the Constitution. 53 Telangana WHY SHOULD PEOPLE SUFFER? 54 Why people should suffer? Ultimately people are victimized by both Andhra and Telangana leaders. Why should they suffer because of these politicians? Why not their identity as distinct state as before 1956 is restored? It is not going to be a small state, a fairly big state, viable and resourceful. 55 …Hyderabad for who? Hyderabad as a capital is not viable for many distant districts in AP. Concentration of so called development in Hyderabad not benefitted Telangana, even in generating employment for them. Hyderabad alone should not be center of development among 23 districts There should be decentralization, by creating another capital separately 56 …Telangana insecure in capital Real minority in Hyderabad is Telangana people. Old city drives Hindus out, new city is dominated by Andhras. Andhra houses in Hyderabad prohibited Telangana tenants, now in this atmosphere. Telangana is insecure in Andhra dominated Hyderabad. 57 …Asking for Autonomy Demand for self rule and autonomy is genuine and democratic. Autonomous council is better answer to separatist demands, eg. J & K and North- east Decentralization is federal character, and essential for a vast country like India. 58 Telangana IF TELANGANA IS FORMED…. 59 If Telangana is formed Telugu people tolerate each other, and be friends, with animosities disappearing All resources of ten districts will be used within the ten districts Both Andhra and Telangana states will be rich and there is a wide scope for harmony and brotherhood among separated brothers Water can be objectively divided and scientifically used to irrigate both states. 60 Water for Telangana Telangana needs water for drinking and irrigation which was denied so far Water disputes are common and need to be tackled either between AP and other states or Andhra, Telangana and other states. When two hostile countries can share water of international rivers, it is not impossible for two Telugu states to share interstate rivers. 61 Decongestion Will help decongestion of Hyderabad and decentralization of power Help decentralization of urbanization and many destinations for migration Creating more resource centers and development centers in 23 districts. Faith in Parliamentary democracy, credibility for promise in parliament will increase. 62 Peaceful Problems of extremism and communalism can be effectively tackled Development is the major answer to naxalism, and lack of it is reason. Communalism is sponsored by treacherous politicians, for instance, to unseat a congress CM old city was set to flames of riots in 1979 and recently in 2010 to bring down present CM. 63 Baseless apprehensions To say that Maoists gain strength in Telangana is baseless, because it is common to big or small, combined or separated state. To say Islamic fundamentalism in old city will increase is meaningless because pampering policies are the reasons for it. It depends on objective rule of parties and not the size of the state. 64 Telangana IF TELANGANA NOT FORMED… 65 If Telangana is not formed As each and every party, group and profession is vertically divided and animosities deepened, mutual distrust will grow and might lead to several unnatural disturbances. It will caste doubts on democratic and non- violent process and strengthen non- democratic, violent and extremist forces. Suppressing a demand for self rule and autonomy will lead to separatist tendencies and create atmosphere conducive for balconization. 66 Give Telangana and STRENGTHEN INDIA 67 Will Strengthen India Denial of autonomy is the root cause of separation. Federalism believes in distribution of sovereignty Experience shows solution for problems in North-East, Jammu & Kashmir lie only in granting more autonomy and decentralization By decentralization and devolution of more powers to viable groups, separatism can be answered. Giving Telangana strengthens integrity of India. 68 No alternative Agreements, Constitutional safeguards, Justice by Supreme Court, Political alliances with manifesto commitment to Telangana….all failed. Even after all the parties (except CPM) agreed, Andhras in all parties denied Telangana what is genuine, legitimate, democratic and constitutional demand. Union conceded, Andhras stopped… 69 70 71 “They have been struggling for more than 15 years. As a matter of fact it a 50-year old demand and unfortunately a large number of people in coastal Andhra and Rayalaseema are opposing it,” Reddy said. “the Union Government should take initiative and build confidence of coastal Andhra and Rayalaseema by replying to their concerns and assuring them that justice will be done to them on the issue of the capital city, and employment potential will be shared even with coastal Andhra people". 72 "There is some opposition. There are some genuine apprehensions about water distribution, employment potentiality, about their future in Hyderabad," said Reddy. "This is a justified demand of the Telangana people and we appeal to the coastal Andhra NGOs, teachers, students and others sections of people to reconcile to the reality and withdraw their agitation. We wish that the Telugu people though politically divided into two states should continue as brothers and solidarity among them should remain unaffected," said Reddy. 73 Seemandhra is a term now used to refer to the combined regions of Rayalaseema and Coastal Andhra in Andhra Pradesh. The term came into wide use during the Telangana movement, as a way to refer to the parts of Andhra Pradesh that would remain after the separation of Telegana. Seemandhra corresponds to the area of Andhra State which existed in between 1953 and 1956, and was merged with the Telangana region to form current state of Andhra Pradesh in 1956. 74 The ruling congress party announced its intention to carve Telangana out of Andhra Pradesh as the 29th state of India. Hyderabad will be the common capital of Telangana and Seemandhra for 10 years. At present Hyderabad would not be contiguous with Seemandhra. There is a proposal for Seemandhra which could resolve the issue of Hyderabad as a permanent common capital: that if the Nalgonda district goes to Seemandhra, then this would enable Hyderabad to be a border city of Telangana and Seemandhra. 75