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Why telangana, sridhar (ppt)

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Why Telangana? Because..Now, there is no integration - linguistic or socialCreated Identity Crisis for people in TelanganaLack of respect, acceptance or at least tolerance for language and culture of Telangana, instead, they hate without reasonUndue and continuous Diversion of Resources –water, funds, employment opportunitiesDiscrimination against – in education facilities, irrigation, employment etc.
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Telangana, Telangana, Because….. Because….. Madabhushi Sridhar Faculty NALSAR University of Law [email protected] (Presented to Sri Krishna Committee in 2010)
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Page 1: Why telangana, sridhar (ppt)

Telangana,Telangana,Because…..Because…..

Madabhushi SridharFaculty NALSAR University of [email protected](Presented to Sri Krishna Committee in 2010)

Page 2: Why telangana, sridhar (ppt)

Why Telangana? Why Telangana? Because..Because..Now, there is no integration - linguistic

or socialCreated Identity Crisis for people in

TelanganaLack 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.

Page 3: Why telangana, sridhar (ppt)

---Democratic wish---Democratic wishBecause 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 creating another state for Telugu speaking people.

Living together depends on mutual consent, Telangana is not consenting to live with Andhra. There should be a social contract.

Page 4: Why telangana, sridhar (ppt)

--- Separate Andhra demand --- Separate Andhra demand is growing is 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 does not want to go with Andhra

Separate Andhra demand is growing

Page 5: Why telangana, sridhar (ppt)

---People voted for it---People voted for it1971 people voted for Telangana by

electing 11 of 13 seats to Parliament2004 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

Page 6: Why telangana, sridhar (ppt)

---Parties Stated it---Parties Stated itAll opposition parties agreed to it on

December 7, 2009 when CM Rosaiah convened a meet.

Congress Legislature Party supported it and said not opposed to Telangna and authorized Mrs Sonia Gandhi to decide.

Dec 9 Declaration of Telangana is based on these factual support and political backing for Telangana. Officially Declared Telangana in Parliament also.

Page 7: Why telangana, sridhar (ppt)

---Not a small state---Not a small stateSeparation 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.

Those who oppose small states also can support Telangana because it will be a big state than many in India now.

Page 8: Why telangana, sridhar (ppt)

---Constitutional ---Constitutional DemandDemandPreamble, 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.

Page 9: Why telangana, sridhar (ppt)

---Dr. BR Ambedkar said it---Dr. BR Ambedkar said itReferring to criticizing the demands

like Bengal for Bengalis and Madras for Madrasis, etc., Dr B R Ambedkar made the following remarks:

 …you cannot allow people who were flying from one province to another as mere birds of passage without any roots, without any connection with that particular province, just to come, apply for posts and, so to say, take the plums and walk away… (Constituent Assembly Debates at page 700)

Page 10: Why telangana, sridhar (ppt)

---Guarantee from CA---Guarantee from CAGuarantee 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."

Page 11: Why telangana, sridhar (ppt)

---Judicial justification to sons ---Judicial justification to sons of soilof soilIn 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.

Page 12: Why telangana, sridhar (ppt)

---No opportunities for ---No opportunities for TelanganaTelangana Hyderabad State was one among the several other

Princely States of India. Due to Political conditions and Historical reasons the State remained isolated. 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.

 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)

Page 13: Why telangana, sridhar (ppt)

DOZEN TIMES DOZEN TIMES DISHONORED, DISHONORED, BREACHED AND DENIED BREACHED AND DENIED

Telangana

Page 14: Why telangana, sridhar (ppt)

1. Andhra Assembly 1. Andhra Assembly Resolutions 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”.

Page 15: Why telangana, sridhar (ppt)

2. Gentlemen Agreement2. Gentlemen AgreementDue share in employment to TelanganaNo Telugu exam as qualifying exam for

T employeesDeputy Chief Minister to TelanganaTelangana 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)

Page 16: Why telangana, sridhar (ppt)

3. Mulki: Reservation for 3. Mulki: Reservation for sons of soilsons of soilDomiciliary 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

Page 17: Why telangana, sridhar (ppt)

4. Public Employment Act4. Public Employment ActPublic 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."

PEAct 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.

Page 18: Why telangana, sridhar (ppt)

5. G.O. 365. G.O. 36On 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.

Page 19: Why telangana, sridhar (ppt)

Injustice by AP High CourtInjustice 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

Page 20: Why telangana, sridhar (ppt)

Justice by SCJustice by SC, denied , denied by by AndhraAndhraNot 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

Page 21: Why telangana, sridhar (ppt)

6. Ridiculous Regional 6. Ridiculous Regional Committees Committees Article 371 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, 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 wef 1.7.1974)

Before removed, Andhra Rulers breached the mandate. Neither constituted Regional Committees nor gave powers

Page 22: Why telangana, sridhar (ppt)

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.

Page 23: Why telangana, sridhar (ppt)

Employment Order 1975President 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.

Page 24: Why telangana, sridhar (ppt)

7. 371D: Safeguards for 7. 371D: Safeguards for Telangana Reduced & Telangana Reduced & DilutedDilutedSpecial 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.

Page 25: Why telangana, sridhar (ppt)

8. President’s order GO 674 8. President’s order GO 674 19751975Constitution 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.

Dr. Madabhushi Sridhar

Page 26: Why telangana, sridhar (ppt)

9. Go Ms 675 9. 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)

Dr. Madabhushi Sridhar

Page 27: Why telangana, sridhar (ppt)

10. Violation of Presidential 10. Violation of Presidential orderorderAP 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.

Dr. Madabhushi Sridhar

Page 28: Why telangana, sridhar (ppt)

Principle of Fair sharePrinciple of Fair shareAccording 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.

Dr. Madabhushi Sridhar

Page 29: Why telangana, sridhar (ppt)

11. GO Ms 61011. GO Ms 610The 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.

Dr. Madabhushi Sridhar

Page 30: Why telangana, sridhar (ppt)

12. Amendment to 12. Amendment to Presidential Order also Presidential Order also violatedviolatedIn 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

Dr. Madabhushi Sridhar

Page 31: Why telangana, sridhar (ppt)

Hyderabad is Hyderabad is not Free not Free Zone!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

Page 32: Why telangana, sridhar (ppt)

Full Bench AP HCThey (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). 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.

Page 33: Why telangana, sridhar (ppt)

371DClause (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.

Page 34: Why telangana, sridhar (ppt)

Presidential order prevailsPresidential 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)

Page 35: Why telangana, sridhar (ppt)

Grave Injustice by Supreme Grave Injustice by Supreme CourtCourtSC 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.

Page 36: Why telangana, sridhar (ppt)

SC visualize a separate zoneWe, 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?

Page 37: Why telangana, sridhar (ppt)

Contradictory stand of stateState 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.

Page 38: Why telangana, sridhar (ppt)

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)

Page 39: Why telangana, sridhar (ppt)

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.

Page 40: Why telangana, sridhar (ppt)

Socio-economic backdrop ignoredThe 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.

Page 41: Why telangana, sridhar (ppt)

SABOTAGE BY CHIEF SABOTAGE BY CHIEF MINISTERMINISTER

Telangana

Page 42: Why telangana, sridhar (ppt)

Rajsekhar Reddy’s Rajsekhar Reddy’s sabotagesabotageBesides 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

Page 43: Why telangana, sridhar (ppt)

Who caused Political Who caused Political vacuum?vacuum?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.

Page 44: Why telangana, sridhar (ppt)

……Rivers hijacked from Rivers hijacked from TelanganaTelanganaConstitution provided reddress 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.

Page 45: Why telangana, sridhar (ppt)

WHY SHOULD WHY SHOULD PEOPLE SUFFER?PEOPLE SUFFER?

Telangana

Page 46: Why telangana, sridhar (ppt)

Why people should suffer?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.

Page 47: Why telangana, sridhar (ppt)

……Hyderabad for who?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

Page 48: Why telangana, sridhar (ppt)

……Telangana insecure in Telangana insecure in capitalcapitalReal 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.

Page 49: Why telangana, sridhar (ppt)

……Asking for Autonomy 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.

Page 50: Why telangana, sridhar (ppt)

IF TELANGANA IF TELANGANA FORMED….FORMED….

Telangana

Page 51: Why telangana, sridhar (ppt)

If Telangana is formedIf Telangana is formedTelugu 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.

Page 52: Why telangana, sridhar (ppt)

Water for TelanganaWater for TelanganaTelangana 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.

Page 53: Why telangana, sridhar (ppt)

Decongestion 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.

Page 54: Why telangana, sridhar (ppt)

PeacefulPeacefulProblems 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.

Page 55: Why telangana, sridhar (ppt)

Baseless apprehensionsBaseless apprehensionsTo 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.

Page 56: Why telangana, sridhar (ppt)

IF TELANGANA NOT IF TELANGANA NOT FORMED…FORMED…

Telangana

Page 57: Why telangana, sridhar (ppt)

If Telangana is not formedIf Telangana is not formedAs 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.

Page 58: Why telangana, sridhar (ppt)

STRENGTHEN INDIASTRENGTHEN INDIAGive Telangana and

Page 59: Why telangana, sridhar (ppt)

Will Strengthen IndiaWill Strengthen IndiaDenial of autonomy is the root cause of

separation.Federalism believes in distribution of

sovereigntyExperience 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.

Page 60: Why telangana, sridhar (ppt)

No alternativeNo alternativeAgreements, 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…

Page 61: Why telangana, sridhar (ppt)

……hence…hence…

Telangana Shouldn’t be forced

to live withAndhra


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