Principal seat of HC need not be in state’s capital city: Union Home Ministry

While the Union Home Ministry made its stand clear on the three capitals issue that the central government has no role to play, it has also submitted before the High Court that the notification of the President’s Order on the constitution of a separate High Court for Andhra Pradesh, with the principal seat at Amaravati, could not be construed as the Central government’s decision to declare Amaravati as the capital of the state.

In an additional affidavit submitted before the Andhra Pradesh High Court, the Union Home Ministry contended that the principal seat of the HC need not be the capital city of the state. The HC heard a batch of petitions filed by various stakeholders seeking that the AP Decentralisation and Inclusive Development of All Regions Act, 2020, be declared as ultra vires to the Constitution of India. Earlier, the had directed the state government to maintain status quo on the AP Capital Region Development Authority (Repeal) Act, 2020, bill. The HC posted the case for further hearing to September 21.

Further, the Union Home Ministry also submitted before the court that the capital city of the state is decided by the respective state government. “The Central government has no role in it,” the Centre stated in its additional affidavit.

“Section 94 (3) and (4) of the AP Reorganisation Act, 2014, only provides for financial assistance by the Central government to the state of Andhra Pradesh for creation of essential facilities in their new capital and to further facilitate de-notification of degraded forest land, if necessary, for the same. The provision only talks about providing financial assistance by the Central Government for the new capital as chosen by the state and not for deciding a capital by the Central government,” the MHA pointed out.

Interestingly, the Union Home Ministry also pointed out that the based on the notification of the previous Andhra Pradesh government announcing Amaravati as the state capital, the Survey of India had incorporated Amaravati as the capital of Andhra Pradesh in the latest political map of India (English 9th Edition 2019 and Hindi 6th Edition 2020).