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Focus: GS-II Governance

Why in news?

  • The Central government has asserted that it has no role to play in determining the capital of Andhra Pradesh.
  • The Centre said that the capital city of a state is decided by the respective state government.

The Story behind deciding the capital of Andhra Pradesh

Sri Krishna Committee report

  • In 2010, a panel headed by Justice (Retd.) B.N. Srikrishna was formed to “bring about a permanent solution” to the Telangana statehood demand.
  • In 2013, the Union Cabinet approved a Bill for the creation of Telangana State with 10 districts, paving the way for the bifurcation of Andhra Pradesh.

A.P. Reorganisation Bill

  • The Bill envisages Hyderabad as the common capital. The Andhra Pradesh Governor will be Governor for both successor States of Andhra Pradesh and Telangana.
  • The Centre will set up an apex council for the supervision of Krishna and Godavari rivers on water sharing.
  • The High Court at Hyderabad will be common for both States till a separate High Court is set up for residuary Andhra Pradesh.

Regarding new capital for Andhra Pradesh

  • Centre said it had formed an expert committee to study alternatives for a new capital for AP based on the AP Reorganization Act.
  • The committee submitted its report based on which the government of AP notified that the capital city be named as Amaravati.
  • The Andhra Pradesh state government, through the AP Decentralisation and Inclusive Development of all Regions Act, 2020, provided for three seats of governance — Amaravati, Visakhapatnam and Kurnool. (3 capitals).

Procedure for renaming a City

  • The task of renaming a city is given to the State Legislators.
  • The procedure differs from state to state but the regulations remains the same.
  • The first step involves raising of a request in form of a resolution by any MLA, which proposes the renaming of any particular city or street.
  • On the basis of the request of the MLA, the issue would be deliberated upon and the consequences of the same shall be discussed upon.
  • The final step involves voting of the validity of the resolution.
  • If a simple majority is attained in favour of the resolution, the said resolution shall be declared passed.
  • The State Legislation on the basis of the majority view shall make the necessary changes in the name of the state or city public.
  • The proposal will go to the Centre for approval before the city is officially renamed.

Procedure for renaming a state

  • Unlike in the case of renaming cities, to change the name of a state, approval from the Centre’s Ministry of Home Affairs (MHA) is required under provisions laid down in its 1953 guidelines.
  • This means that a Constitutional amendment becomes necessary to affect this change.
  • The Union MHA then takes over and gives it consent after it receives No Objection Certificates (NOCs) from several agencies such as the Ministry of Railways, Intelligence Bureau, Department of Posts, Survey of India and Registrar General of India.
  • If the proposal is accepted, the resolution, introduced as a Bill in the Parliament, becomes a law and the name of the state is changed thereafter.

Renaming states in the constitution

The Constitution of India provides for the renaming of a state under Article 3.

The Article 3 provides for formation of new States and alteration of areas, boundaries or names of existing States

  1. The procedure of renaming of the state can be initiated by either the Parliament or the State Legislator.
  2. A bill for renaming a state may be introduced in the Parliament on the recommendation of the President.
  3. Before the introduction of the bill, the President shall send the bill to the respective state assembly for expressing their views within a stipulated time.
  4. The views of the state assembly are not binding; neither on the President nor on the Parliament.
  5. But the process must not be skipped as it is of vital importance as any law so made will be affecting that particular state.
  6. On the expiry of the period, the bill will be sent to the Parliament for deliberation.
  7. The bill in order to take the force of a law must be passed by a simple majority.
  8. The bill is sent for approval to the President.
  9. After the approval of the said bill, the bill becomes a law and the name of the state stands modified.

-Source: The Hindu

December 2023