Part One – Know and Understand Complete Justice B.N. Srikrishna Committee report on Telangana –
Part One – Know and Understand Complete Justice B.N. Srikrishna Committee report on Telangana –
On January 5, 2010, the Government of India constituted a Committee for consultations on the situation in Andhra Pradesh (CCSAP) to to examine the demand for a separate State of Telangana as well as for maintaining the present status of a united Andhra Pradesh
Thus committee was formed of following persons.
1. Justice B.N. Srikrishna, Retired Judge, Supreme Court of India, chairman
2. Prof. (Dr.) Ranbir Singh, Vice Chancellor, National Law University, Delhi, member
3. Dr. Abusaleh Shariff, Senior Research Fellow, International Food Policy Research Institute, Delh, member
4. Prof. (Dr.) Ravinder Kaur, Professor, Department of Humanities and Social Sciences, Indian Institute of Technology Delhi, member
5. Shri V.K. Duggal, IAS (Retd.), Former Union Home Secretary, Member Secretary
Chairperson got the status of the sitting Supreme Court Judge and the Member Secretary, the rank of a Union Minister of State
The Terms of Reference of the Committee –
(1)
To examine the situation in the State of Andhra Pradesh with reference to
the demand for a separate State of Telangana as well as the demand for
maintaining the present status of a united Andhra Pradesh.
(2)
To review the developments in the State since its formation and their
impact on the progress and development of the different regions of the State.
(3)
To examine the impact of the recent developments in the State on the
different sections of the people such as women, children, students, minorities,
other backward classes, scheduled castes and scheduled tribes.
(4)
To identify the key issues that must be addressed while considering the
matters mentioned in items (1), (2) and (3) above.
(5)
To consult all sections of the people, especially the political parties, on
the aforesaid matters and elicit their views; to seek from the political parties
and other organizations a range of solutions that would resolve the present
difficult situation and promote the welfare of all sections of the people; to
identify the optimal solutions for this purpose; and to recommend a plan of
action and a road map.
(6)
To consult other organizations of civil society such as industry, trade,
trade unions, farmers’ organizations, women’s organizations and students’
organizations on the aforesaid matters and elicit their views with specific
reference to the all round development of the different regions of the State.
(7)
To make any other suggestion or recommendation that the Committee
may deem appropriate. vi
The Committee was mandated to submit its Report by December 31, 2010.
The first meeting of the Committee was held in Delhi on February 13, 2010.
To carry out this duty the committee got the help of 28 officers and staff and also
Inter-State Council Secretariat (ISCS) will provide full secretarial assistance, including technical and budgetary support, to the Committee.
The committee gave the Public Notice was given in news papers on February 20, 2010, in 5 major English newspapers of Delhi and 32 Telugu, English, Urdu and Hindi
newspapers of Andhra Pradesh, covering all its regions, inviting the views and
the suggestions from the political parties and groups representing different
interests including individuals, organizations, institutions and associations on
the various issues as mentioned in the Terms of Reference, within 30 days of
the publication of the Notice.
But later time period was extended up to April 10, 2010 in 2nd public notice.
The following four studies were, accordingly, awarded with a view to facilitate
the task of the Committee:-
(1)
Study on “Issues relating to Water Resources and Irrigation in Andhra
Pradesh” – to Shri A.D. Mohile, former Chairman of the Central Water
Commission (CWC).
(2)
Study on “Issues relating to Power Sector in Andhra Pradesh” – to Shri
V. B. Gupta, former Chief Engineer of the Central Electricity Authority (CEA).
(3)
Study on “Issues relating to discrimination, if any, in the matters of
employment in the Government of Andhra Pradesh and reservation in
educational institutions in respect of Telangana region, pursuant to
constitutional provisions under Article 371D, G.O. 610 and various other
assurances / agreements on this subject” – to Shri Mukesh Kacker, IAS
(Retd.), Director General, Institute for Regulation and Competition, New
Delhi.
(4)
Study on “Issues relating to Greater Hyderabad” – to the Centre for
Policy Research (CPR), New Delhi.
The Committee or its Members individually visited all the 23 districts of
the State and several villages to get a first hand feel at the ground level.
In all, the Committee, since its constitution in February, 2010, met 34 times
Union Home Minister, Shri P. Chidambaram, the Home Secretary, Shri G.K. Pillai and
the other concerned officers in the Ministry provided timely and unstinted
administrative and logistical support to committee.
February 20, 1956-
Meeting of following 8 participants was held
1. Shri B.Gopala Reddy
2. Shri Sanjeeva Reddy
3. Shri G. Latchanna
4. Shri A.Satyanarayana Raju
5. Shri B.Ramakrishna Rao
6. Dr. M. Chenna Reddy
7. Shri J.V. Narsing Rao,
8. Sri K.V.Ranga Reddy.
After their meeting “Safeguards for Telangana” was signed
popularly known as Gentlemen’s Agreement 1956
Following are the main provisions of Gentlemen’s Agreement 1956
The following points, arising out of the unification of Telangana and
Andhra, were discussed, and the conclusions arrived at are as follows:
1.
The expenditure of the Central and General Administration of the State
should be borne proportionately by the two regions and the balance of income
from Telangana should be reserved for expenditure on the development of
Telangana area. This arrangement will be reviewed after five years and can be
continued for another five years if the Telangana members of the Assembly so
desire.
2.
Prohibition in Telangana should be implemented in the manner decided
upon by the Assembly members of Telangana.
3.
The existing educational facilities in Telangana should be secured to the
students of Telangana and further improved. Admission to Colleges, including
technical institutions in the Telangana area, should be restricted to the students
of Telangana area, or they later should have admission to the extent of one-
third of the total admission in the entire state, whichever course is advantageous
to Telangana students.
4.
Retrenchment of services should be proportionate from both regions if it
becomes inevitable due to integration.
5.
Future recruitment to services will be on the basis of population from
both regions.
6.
The position of Urdu in the administrative and judicial structure existing at
present in the Telangana area may continue for five years, when the position
may be revised by the Regional Council.
So far as recruitment to services is concerned, knowledge of Telugu should not be insisted upon at the time of recruitment, but they should be required to pass a prescribed Telugu test in two
years time after appointment.
7.
Some kind of domicile rules e.g., residence for 12 years should be
provided in order to secure the prescribed proportion to recruitment of services
for Telangana area.
8.
Sales of agricultural lands in Telangana area to be controlled by the
Regional Council.
9.
A Regional Council will be established for the Telangana area with a view
to secure its all-round development in accordance with its needs and
requirements.
10.
The Regional Council will consist of 20 members as follows:
9 members of the Assembly, representing each district of Telangana, to
be elected by the Assembly members of the Telangana districts
separately.
6 members of the Assembly or the Parliament, elected by the Telangana
representatives in the Assembly.
5 members from outside the Assembly to be elected by the Telangana
members of the Assembly.
All ministers from Telangana region will be members. The Chief Minister
or the Deputy Chief Minister, whoever is from Telangana, will be the Chairman
of the Council. Other Cabinet Ministers may also be invited.
11.
(a) The Regional Council will be a statutory body empowered to deal with
and decide about matters mentioned above, and those relating to planning and
development, irrigation and other projects, industrial development within the
general plan and recruitment to services in so far as they relate to Telangana
area. If there is difference of opinion between the views of the Regional Council
and the Government of the state, a reference may be made to the Government
of India for final decision.
(b) Unless revised by agreement earlier, this arrangement will be
reviewed at the end of ten years.
12.
The Cabinet will consist of members proportionately 60:40 per cent for
Andhra and Telangana respectively. Out of the 40 per cent Telangana Ministers,
one will be a Muslim from Telangana.
13.
If the Chief Minister is from Andhra, the Deputy Chief Minister will be
from Telangana and Vice versa. Two out of the following portfolios will be
assigned to Ministers from Telangana:
(a) Home (b) Finance (c) Revenue (d) Planning and Development and (e)
Commerce and Industry.
14.
The H.P.C.C. President desires that the P.C.C. should be separate for
Telangana up to the end of 1962. A.P.C.C. President has no objection.
The above agreement was arrived at on February 20, 1956. It was
signed by
1. B.Gopala Reddy, Chief Minister of Andhra;
2. N.Sanjeeva Reddy, Deputy Chief Minister of Andhra;
3. G.Latchanna, Minister in the Andhra Cabinet & Leader of the Krishikar
Lok Party - a constituent of the United Congress Front which
contested the Andhra elections (1955) and formed the Ministry;
4. A.Satyanarayana Raju, President, Andhra Provincial Congress
Committee;
5. B.Ramakrishna Rao, Chief Minister, Hyderabad;
6. K.V.Ranga Reddy, Minister, Hyderabad;
7. Dr. M. Chenna Reddy, Minister, Hyderabad; and
8. J.V.Narsinga Rao, President, Hyderabad Provincial Congress
Committee.
the Andhra Pradesh Regional Committee Order, 1958, as approved by the President of India, under Clause 1 of Article 371 of the Constitution to give effect to this scheme embodied in the said note, was issued on February 1, 1958.
A. Regional Standing Committee
1.
There will be one legislature for the whole of the Andhra Pradesh state,
which will be the sole law-making body for the entire state, and there will be
one Governor for the state, aided and advised by a Council of Ministers,
responsible to the state Assembly for the entire field of administration.
2.
For a more convenient transaction of business of the Government with
regard to some specified matters, the Telangana area will be treated as a
region.
3.
For the Telangana region, there will be a regional standing committee of
the State Assembly consisting of the members of the State Assembly belonging
to that region, including the ministers from the region, but not including the
Chief Minister.
4.
Legislation relating to specified matters will be referred to the Regional
Committee. In respect of specified matters proposals may also be made by the
Regional Committee to the state Government for legislation, or with regard to
questions of general policy not involving any financial commitments other than
expenditure of a routine and incidental character.
5.
The advice tendered by the Regional Committee will normally be accepted
by the Government and the State Legislature. In case of difference of opinion,
reference will be made to the Governor, whose decision will be final and binding.
6.
The regional committee will deal with the following matters:-
i) Development and economic planning within the framework of the
general development plans and policies formulated by the State
Legislature;
ii) Local Self-Government, that is to say, the constitutional powers of
Municipal Corporations, Improvement Trusts, District Boards, and other
district authorities for the purpose of local self-Government or village
administration;
iii) Public Health and sanitation, local hospitals and dispensaries;
iv) Primary and Secondary education;
v) Regulation of admissions to the educational institutions in the
Telangana region;
vi) Prohibition;
vii) Sale of agricultural land;
viii) Cottage and Small Scale Industries; and
ix) Agriculture, Co-operative Societies, Markets and Fairs.
Unless revised by agreement earlier, this arrangement will be reviewed after ten
years.
B. Domicile Rules
A temporary provision will be made to ensure that for a period of five
years, Telangana is regarded as a unit, as far as recruitment to subordinate
services in the area is concerned; posts borne on the cadre of these services
may be reserved for being filled by persons who satisfy the domicile conditions
as prescribed under the existing Hyderabad Rules.
C.The position of Urdu
The Government of India would advise the State Government to take
appropriate steps to ensure that the existing position of Urdu in the
administrative and judicial structure of the state is maintained for a period of five
years.
D. Retrenchment of surplus personnel in the new State
The Government of India does not anticipate any retrenchment. The
intention is that so far as possible, the service personnel from the Hyderabad
State should be automatically integrated into the services of the Andhra Pradesh
without any process of screening. Should, however, any retrenchment be found
necessary, the entire personnel of the services of the enlarged State will be
treated on an equal footing.
E.
Distribution of expenditure between Telangana and Andhra Region
Allocation of expenditure with the resources of the State is a matter
which falls within the purview of the State Government and State Legislature.
Since, however, it has been agreed between the representatives of Andhra and
Telangana that the expenditure of the new State on central and general
administration should be borne proportionately by the two regions and the
balance of income from Telangana should be reserved for expenditure on the
development of Telangana area. It is open to the state Government to act in
accordance with the terms of this agreement in making budgetary allocations.
The Government of India proposes to invite the attention of the Chief Minister of
Andhra to this particular understanding and to express the hope that it would be
implemented.
But in future non-implementation of some provisions of the Agreement, once again, led to the agitations demanding the division of the state.
1969 “Jai Telangana movement - Telangana region
1972 “Jai Andhra” movement - Andhra region
It may be worthwhile to mention here that, the implementation of the Agreement itself started on a discordant note
The political space in the institution of Deputy Chief Minister (or Chief Minister)
for the Telangana region was denied by the signatory to the Gentlemen’s
Agreement and the Chief Minister from Andhra area, Neelam Sanjeeva Reddy
(who became the first Chief Minister of the united Andhra Pradesh) in the very
first Ministry in 1956 by reportedly calling it an ”unwanted sixth finger of the
hand”.
Continued –
Reality views by sm –
Thursday, January 06, 2011
