SC stays AP High Court order declaring Amaravati the sole capital of Andra Pradesh

SC stays AP High Court order declaring Amaravati the sole capital of Andra Pradesh

On Monday, the Supreme Court sought the Central government's and other respondents' responses to an appeal by the Andhra Pradesh government (AP) challenging a March 3 judgement of the AP High Court declaring Amaravati as the state's sole capital.

A bench of Justices KM Joseph and BV Nagarathna also followed the High Court's orders to the state government to complete and develop the Amaravati capital city and region of Andhra Pradesh within six months. "We are inclined to investigate this matter... Give notice. There will be a stay of direction 3-7 until the next hearing date "The State petitioned the High Court to resurrect its plan for three capitals.

The YS Jagan Mohan Reddy-led government had made three capitals in different cities to ensure development in all parts of the state.

The State then moved the High Court stating the following:

1. The issue had become moot since the contested legislations were repealed. Finance Minister Bugganna Rajendranath Reddy introduced the AP Decentralisation and Inclusive Development of All Regions Repeal Bill, 2021, in the assembly to repeal the AP Decentralisation and Inclusive Development of All Regions Act, 2020, and the AP Capital Region Development Authority Repeal Act, 2020, for the development of three capitals — Amaravati (legislative), Visakhapatnam (executive), and Kurnool (judicial).

2. Under the federal structure of the Constitution, each state has an inherent right to determine where its capital functions should be carried out.

3. To argue that a state lacks the authority to choose its capital violates the fundamental structure of the Constitution.

4. The decision violates the doctrine of separation of powers because it prevents the legislature from debating the issue.

Case Title: State of Andhra Pradesh v Rajadhani Rythu Parirakshnana Samithi

Citation: SLP(C) No. 018823 - 018884/2022

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