Full text of KCR’s letter to PM voicing Telangana’s objections to critical parts in the Telangana draft bill

KCR has written to the Prime Minister Manmohan Singh regarding TRS party’s reservations and objections in the draft Telangana bill approved by the Union Cabinet. While Telangna Congressmen are busy doing celebrations over the bill, KCR rightly pointed out several glitches within the bill which are unconstitutional and discriminatory towards the Telangana State. Here is the full text of the letter KCR has written to the Prime Minister.

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Dated 10th December 2013

Respected Dr. Manmohan Singh ji,

On behalf of four crore people of Telangana, I thank you very much for the Cabinet approving the Andhra Pradesh Reorganization Bill, 2013. Creation of Telangana, consisting of ten Districts, with Hyderabad as its capital, fulfils the long cherished dream of its people. Our special thanks are due to Mrs. Sonia Gandhi, President of Congress Party and UPA Chairperson, for her courage, conviction and commitment, in creating Telangana state.

We are, in particular grateful to the decisions relating to, territory, coal and concern for backward areas. However, we have serious reservations on issues relating to special powers of Governor, common High Court, sharing of water, power, gas, public debt including other liabilities and distribution of pensioners and employees. After detailed deliberations, our specific suggestions are as follows:

1. Special powers of Governor:

We find, to our consternation, that Section 8 of the proposed Bill charges the Governor with special responsibility for the security of life, liberty and property of all who reside in Common Capital area. Sub-section (2) of Section 8 extends the responsibility on matters such as Law & Order, Internal Security and Security of vital installations.

We are baffled that so many State subjects are sought to be taken away from the legitimate purview of the 29th State of the Union. Though Governor is expected to consult the Council of Ministers in such matters, his decision will be final as per the Section 8(3). This, being overriding and discriminatory, needs modification.

Any Government which has no control over Law & Order machinery in its Capital area will lose respect in the eyes of public. Primary duty of any Government, world over, is to defend the country from external aggression and maintain internal Law & Order. Divesting Telangana of such responsibility and power, smacks of distrust in its democratically elected Government. We feel insulted. Hence, this deleterious Section 8 may be removed from the proposed Bill. Telangana State should be treated on par with other States of the Union.

We may point out, that the very essence of our struggle, spanning over six decades and involving supreme sacrifices made by 1400 Telangana youth, has always been for self-rule. Section 8 negates this aspiration.

Lastly and most importantly, this may set off a dangerous precedent, impinging upon the democratic and cosmopolitan urban fabric. Demand for similar empowerment of the Governors by large ethnic, religious and linguistic minority groups, in cities like Mumbai, Chennai and Bengaluru, would undermine Nation’s integrity.

2. Common High Court?

The Bill, after imposing a series of fetters on Telangana, does not exclude even the judicial mechanism. Various clauses, mentioned in the bill might not have been done with any deliberate intention. But, as such, they would constrain its liberty to function like the other 28 states, even after attaining the separate statehood.

The proposal for a common High Court for both the states of Telangana and Andhra Pradesh is astonishing, to say the least. Denial of its own exclusive High Court has disappointed Telangana people. Article 214 clearly necessitates a separate High Court.

After the India’s independence, several new states have been formed under the provisions of various state reorganization acts. Except in the case of reorganization of a few north-eastern states, exclusive High Courts were immediately setup in all other states. Non application of this principle for Telangana is indeed amazing. Any delay in creation of separate High Court will not only continue the saga of discrimination, but also deprive the people of Telangana their fair share of opportunities.

Since the inception of Andhra Pradesh in 1956, there has never been a just and fair share of employment in judicial services, at all levels, for people of Telangana. Out of 37 judges in the current High Court, only 7 are from Telangana. Moreover, 80 per cent of staff in the High Court and Lower Courts is filled with people from Andhra region. The same is true for the Judges. The continued historic imbalance, in fact, has left enlightened Telangana society, bewildered. It is a sad commentary, that in the very abode of Justice, people of Telangana were denied Justice.

The present Judiciary in Andhra Pradesh is vertically split. Divisions within the Bar, the Bench as well as the clientele has fragmented the overall work atmosphere. Given this scenario, the proposal of common High Court would only complicate it further, rather than resolving the conflict. Creation of the new state should eliminate discriminations, rather than sustain them. As someone said, justice delayed is justice denied. Therefore, even after the formation of new state of Telangana, any delay in forming of our own High Court, is seen as justice denied. Hence, we request to facilitate the formation of a separate and exclusive High Court immediately by removing the Sections 30, 31, 32, 33 of the Bill. They may be replaced with provisions, as contained in Madhya Pradesh Reorganization Act, 2000 in part 4; namely sections 21, 22, 23 and similar provisions contained in State Reorganization Acts of Bombay, Bihar and Uttar Pradesh.

3. Management and Development of Water Resources

The Bill proposes several measures for management and development of water resources. Some of them need modifications, so as to reflect just and fair aspirations of Telangana people.

There is no need for Board for Godavari River management, since there are no water disputes. The Krishna River management board may be located in Hyderabad. The existing procedures for Technical approval may continue with CWC. Therefore there is no need to include these functions in the Apex council and Board. And, the most important of all, Pranahita-Chevella project may be declared as National project, akin to Polavaram. Specific sections in the Bill, namely 84, 85 & 87, along with relevant Schedules, would require amendments as follows:

84(1). The Central Government shall, on and from the appointed day, constitute an Apex council for the supervision of the functioning (OMITTED: GODVARI RIVER MANAGEMENT BOARD) Krishna River Management Board.

vi) Supervision of the functioning of the (OMMITTED: GODVARI RIVER MANAGEMENT BOARD) Krishna River Management Board:

85 (1) The Central Government shall constitute (OMITTED: TWO SEPARATE BOARDS TO BE CALLED THE GODAVARI RIVER MANAGEMENT BOARD) Krishna River Management Board (to be known as Board), within a period of sixty days from the appointed day…..

2) The headquarter of (DELETED: GODAVARI RIVER MANAGEMENT BOARD) Krishna River Management Board shall be located in successor state of Telangana. (OMITTED: REST OF THE TEXT)

3) (OMITTED: GODAVARI RIVER MANAGEMENT BOARD AND) – Rest of the text may be retained.

4) a) b) and C) may remain as proposed (except that each board may be removed, since it is only for Krishna River).

5 (Omit: Each) Board shall have….

7) (Omit: Each board)- rest of the proposed text can remain.

8) The function of board shall include.

a) i and ii) As proposed.

c) DELETE

d) DELETE

87). i) and ii) DELETE.
The Eleventh Schedule may be modified as follows:

Sections 1 to 6, proposed text may be retained, except removing reference to Godavari and Pennar rivers and should only be restricted to Krishna river basin.

Section 7. May be removed.

4. Power Sector

The Bill should provide for a neat and clean power sector for the new state of Telangana. But, rather than segregating, it is cluttered with cross connections. The likely short circuiting between the successor states is bound to shock both. Therefore, to avoid mishaps in future, our suggestions are as follows:

1. Provisions relating to Dissolution of Existing Power Corporations and Constitution of New Corporations for the successor States: Part VII of Draft Andhra Pradesh Reorganisation Bill, 2013 deals with provisions relating to certain corporations including power utilities. The Bill does not provide for the dissolution of existing power corporations by the Central Government and to constitute separate power corporations for the successor states. Such provisions are an essential part of any State Reorganisation Bill. All the previous State Reorganisation Acts, including Madhya Pradesh, Uttar Pradesh and Bihar have such provisions. Suitable enabling provisions should be incorporated in the Bill for the dissolution of the existing power corporations by the Central Government, and also providing for constitution of corporations for successor states by the respective state governments.

2. Following additional items/modifications/amendments should be included in the SCHEDULES of the Bill:

ELEVENTH SCHEDULE:

Regarding principles governing the functioning of the River Management Boards, item number (2) may be redrafted as follows:

“2. In the event of conflicting demand of water for irrigation and power, the requirement of water for irrigation, including generation of power for Lift Irrigation Schemes, shall take precedence.”

TWELFTH SCHEDULE:

i. Entire energy generated from the generating stations of APGENCO shall belong to that successor state, where the plant is located.

ii. In respect of APGENCO, plants located outside the existing state of Andhra Pradesh (Machkund, TungaBhadra Dam etc,.), share of existing state of Andhra Pradesh shall be allotted in the ratio of 59.62:40.38 to the State of Telangana and the State of Andhra Pradesh, based on the actual energy consumption of the last 5 years of the relevant DISCOMS in the respective successor States.

iii. For power plants of Andhra Pradesh Power Development Corporation Limited (APPDCL) under construction, Power Purchase Agreements (PPAs) with respective DISCOMS shall continue. APPDCL is a Joint Venture Company, set up with equity participation of APGENCO, four DISCOMS and Government of Andhra Pradesh.

iv. All the natural gas based private power projects are located in Andhra region. Entire energy generated from these projects should be allotted to the Residuary state of Andhra Pradesh. However quantum of power accruable to Telangana, from these projects, as per the existing Power Purchase Agreements (PPAs) shall be made available to Telangana by way of making additional allocation from Central Generating Stations from the share of state of Andhra Pradesh.

v. In respect of Andhra Pradesh Gas Power Corporation Limited (APGPCL) plant, Power Purchase Agreements (PPAs) with respective DISCOMS shall continue.

vi. In respect of 4000 MW UMPP under construction at Krishnapatnam, Power Purchase Agreements (PPAs) with respective DISCOMS shall continue.

vii. Energy available from existing short term and medium term Power Purchase Agreements shall be apportioned to the successor states, in the ratio of power deficit of successor states of Telangana and Andhra Pradesh.

viii. The existing State Load Dispatch Centre (SLDC) shall become the SLDC for the State of Telangana, after a transitory period, not exceeding 2 years.

ix. Power from the Central Generating Stations (both allocated and unallocated) will be allotted to in the ratio of 59.62:40.38 to the State of Telangana and the State of Andhra Pradesh, based on the actual energy consumption of the last 5 years of the relevant DISCOMS in the respective successor States.

x. The districts of Kurnool and Anantapur shall be reassigned to the Andhra Pradesh Southern Power Distribution Company (APSPDCL).

xi. Additional Power to Hyderabad City: Demand for power for the city of Hyderabad is about 2000 MW. Since Hyderabad will be common capital for about 10 year period, and also considering the fact that it provides power to several strategic Central Government establishments like DRDO, BHEL etc,. 50% of Hyderabad‟s demand, i.e. about 1000 MW, shall be allotted to Telangana from the share of residuary state of Andhra Pradesh or from Central Generating Stations.

THIRTEENTH SCHEDULE:

i. NTPC shall establish a dedicated 4000 MW power facility in the successor state of Telangana, using domestic coal as fuel.

ii. Allotment of Coal from newly allotted coal blocks in Orissa and Madhya Pradesh: Recently Government of India have allotted coal blocks in Orissa and Madhya Pradesh to the existing State of AP. Telangana may be allotted 60% of coal produced from these blocks, as its share.

iii. Allocation of Natural Gas to Shankarapally Power Project: In the year 2000, Government of Andhra Pradesh had Contemplated setting up of 1400 MW Natural Gas based power plant at Shankarapally, Ranga Reddy District in Telangana. The proposal is shelved, as natural gas is not allotted to this plant. Adequate natural gas to this project may be allotted, to meet the ever growing energy demands in Telangana. Fertiliser status may be granted to Shankarapally Power Project, for the purpose of allocation and supply of natural gas.

Employees of Power Utilities:

i. Andhra employees working in Telangana region, in violation of Presidential Order, 1975 shall serve in Residuary state of Andhra Pradesh.

ii. Telangana employees, presently working in Andhra region shall be permitted to opt for Telangana State, if they so desire.

5. Public Debt & Other Liabilities

Outstanding public debt and other liabilities are sought to be apportioned on population basis. The criterion is arbitrary. This, in fact, must be based upon project specific outcomes. As ownership of projects would transfer to the respective states, the outstanding debt raised or guarantee offered should also migrate accordingly.

Public debt has been raised to take up capital projects like irrigation and finance anti-poverty schemes. Moreover, guarantees were offered to finance power projects. Since inception of Andhra Pradesh in 1956, based on outcomes, share of Telangana is around 20% in irrigation, 30% in power and 35% in Anti-Poverty schemes. The overall weighted average comes to 29%. That alone should form the basis of Telangana share of the total public debt; and not 42% as suggested in the Cabinet resolution. Therefore, Para 54(1) of the resolution may be amended as follows:

“All liabilities on account of public debt and Public accounts of the existing state of Andhra Pradesh outstanding immediately before the appointed day shall be apportioned on the basis of project specific outcomes which have accrued to the successor states.”

Thirteenth Finance Commission (TFC) has already visited the state of Andhra Pradesh. The concerns of Telangana, being quite different, need exclusive articulation. They could not be adequately presented in the context of Andhra Pradesh. As the recommendations of TFC would have far reaching implications upon state finances, they must pay a visit to the new state of Telangana, after its formation, at the earliest. The tenure of TFC is up to October, 2014.

6. Division Of Pensioners And Employees Between The Successor States

Draft Bill proposes that the pensioners will be distributed on the basis of the population. This, being illegal, needs modifications. Reasons are as follows:

In 1956, while merging Hyderabad state with the then Andhra State, Mulki Rules were guaranteed for Telangana by the Government. They were violated with impunity, ever since. Consequently, 24,000 Andhra Employees got recruited and posted in Telangana, denying job opportunities to locals. In 1969, due to historic agitation by employees and youth, Government ordered their repatriation from Telangana to Andhra area by issuing G.O. Ms. No.36. This was not implemented. Subsequently, in continued violation of the presidential Order, 1975 and Six-Point Formula, a large number of Andhra Employees continued to be posted in Telangana. By 1985, Government identified 58,972 Employees, illegally working in Telangana. Orders in G.O. Ms. No.610 were issued to repatriate them. Not a single employee complied with the orders. They have all retired and are drawing pension from the State exchequer. Should these illegally recruited employees in Telangana, established as such by various Government orders, continue to get pension from the Telangana treasury? We therefore, strongly suggest that the pensioners between the two states ought to be divided on the basis of their Nativity.

Most of the All India service Officers (IAS, IPS, IFS), who worked in A.P. ever since its formation, are settled down in Hyderabad after retirement. They are drawing pension from Hyderabad treasury. They should be divided between the two States on the basis of their ‘Nativity for insiders’, and length of field service in the areas of two states for ‘outsiders’.

Division of Government employees, in the draft Bill, is proposed as per their choice and wherever they are working. This, being patently illegal, needs radical modifications. It is a well-known fact that a large number of Andhra employees are presently working in Telangana, violating various Rules. In his seminal report, these violations were clearly brought out by Government appointed Girglani Commission. Among other things, his observations are as follows.

1. Staff of Regional offices was treated as HOD staff and placed out of local cadre and PO

2. Deputation process has been misused.

3. 20%, 30% and 40% open quota was barred for locals

4. Zonal gazette posts were upgraded as state gazette posts and kept out of PO

5. Urban Authorities, State Public Sector Units, Autonomous Bodies were kept out of PO

6. Non Gazetted posts were made as Gazetted, there by denying opportunities to the locals.

7. Number of HODs were increased indiscriminately, denying local reservations

8. City of Hyderabad is part of Zone VI but was treated as Zone VII and recruitment and postings were made.

Therefore, Telangana employees have suffered gross injustice at the hands of AP Government. Many non-locals who were recruited against quota of 20% (Dist. Category), 30% (Non-Gazetted category) and 40% (Gazetted category) have to be repatriated based on the definition of “local candidate” as defined in the Presidential Order 1975, and on the basis of nativity as reflected in the service registers.

As on today, out of around four lakh Government employees in Telangana, at least one third are illegal entrants or brought on deputation, over decades. It is strongly suggested that the division of the employees between two states should be done on the basis Nativity. In the interest of justice and fair play, all those illegally working in Telangana should now serve the Residuary State of Andhra Pradesh.

7. Rajya Sabha Seats:

Section 12 of the Bill allots seven seats for Telangana. Of these seven seats, it is proposed to fill one seat in 2014, two in 2016 and 4 in 2018. For the new State of Telangana, there is a felt need to infuse more new Members in the initial years. As such, two sitting Members belonging to Telangana are retiring in 2014. Hence it is suggested that more seats may be allotted to Telangana in the initial years. The proposed provision may be amended to fill three seats in 2014, two in 2016 and two in 2018.

8. Higher Education:

Section 95 of the Bill proposes to continue the existing admission quotas in all the Government and private Institutions of Higher, Technical and Medical Education for ten years. This will adversely narrow the window of opportunity for lakhs of Telangana students. If allowed, what does the youth of Telangana expect from the new State. This concession may be allowed only in case of central Institutions and state Institutions of higher learning. Further this may continue for a period of three years or less, by which time such facilities could easily be created in the Residuary State of Andhra Pradesh.

The dream of Telangana people for their self-rule is more than six decades old. Telangana Rashtra Samithi (TRS), since its formation in 2001, has successfully galvanized this dream into a sustained movement. Based on Gandhian principles of non-violence, the movement continues to forge ahead, regardless. The tag line of the movement, all through has been NIDHULU, NEELLU and NIYAMAKALU (Funds, Waters & Employment). We are confident, that given your sagacity and wisdom, these concerns would receive adequate attention, before finalizing the Andhra Pradesh Reorganisation Bill 2013.

We once again thank you for the historic decision and your continued positive outlook towards Telangana.
With warm regards,

Yours Sincerely,
(K Chandrasekhar Rao)