AP govt knocks SC doors against HC order to build Amaravati as capital city

A division bench led by Chief Justice Prashant Kumar Mishra had ruled that the state legislature lacked the authority to pass any legislation regarding the location of the state's capital.

Hyderabad: In an effort to revive its proposal to have three capitals, the Andhra Pradesh (AP) government has appealed to the Supreme Court challenging the state high court’s verdict of March 3 proclaiming Amaravati as the only capital of the state.

In the appeal submitted by the AP government, Advocate Mahfooz Nazki has made three points.

  • Since the contested laws were removed, the problem had gotten worse.
  • Every state has an inherent right to choose where its capital duties should be performed under the Federal Structure of the Constitution.
  • Holding that a state lacks the authority to choose its capital is a violation of the Constitution’s fundamental design.

Since the judgement prevents the legislature from debating the matter, it violates the notion of the separation of powers.

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A division bench led by Chief Justice Prashant Kumar Mishra had ruled that the state legislature lacked the authority to pass any legislation regarding the location of the state’s capital and ordered the state government to refrain from moving any offices from Amaravati, which serves as the current capital city.

The state’s government was also ordered by the court to pay the petitioners Rs 50,000.

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