Article 72
Article 72
Special Provisions for the States of Andhra Pradesh and Telangana
Legislative Power to Issue Directives
- (1) The Legislature of a State may, by law, empower any officer or authority to issue such directions as may be necessary to ensure that the orders or directions issued in relation to any matter within the executive power of the State under any provision of this Constitution are carried out.
(2) Without prejudice to the generality of the provisions contained in clause (1), any such law may empower an officer or authority –
(a) to direct that a thing be done, or that a course of action be taken or that a decision be given, in a specified manner;
(b) to prohibit the doing of anything or the taking of any course of action or the giving of any decision;
(c) to cancel or modify any decision or order;
(d) to stay the operation of any order or direction, subject to such conditions as may be specified in the law.
(3) Where power is conferred on any officer or authority under clause (1), no court shall have the power to question any order or direction made or issued by such officer or authority in exercise of that power.
Transfer of Property
- (1) Any property which, immediately before the appointed day, is vested in the State of Andhra Pradesh shall, as from that day, vest in the State of Telangana.
(2) Any property which, immediately before the appointed day, is vested in the State of Telangana shall, as from that day, vest in the State of Andhra Pradesh.
(3) Any dispute or doubt arising out of the transfer of property under this article shall be referred to such authority as the President may, by order, determine and the decision of such authority shall be final.
Re-Organisation of the Andhra Pradesh High Court
- (1) There shall be a separate High Court for the State of Telangana.
(2) The High Court for the State of Telangana shall have such Judges as the President may, after consultation with the Chief Justice of India, determine.
(3) The Chief Justice and the other Judges of the High Court for the State of Telangana shall be appointed by the President in the same manner as the Chief Justice and other Judges of a High Court are appointed, and they shall hold office on such terms and conditions as the President may determine.
(4) The High Court for the State of Telangana shall have the same jurisdiction, powers and authority, and the judgments, decrees, orders, and sentences of such High Court shall have the same force and effect, as the judgments, decrees, orders and sentences of the Andhra Pradesh High Court immediately before the appointed day.
(5) The Governor of the State of Telangana shall, with the concurrence of the Chief Justice of the Andhra Pradesh High Court, determine the Judges of that Court who shall be transferred to the High Court for the State of Telangana, and the date of such transfer.
(6) The High Court for the State of Andhra Pradesh shall continue to exercise its jurisdiction in respect of the State of Telangana until the High Court for the State of Telangana is constituted.
Distribution of Assets and Liabilities
- (1) The assets and liabilities of the State of Andhra Pradesh, as on the appointed day, shall be distributed between the State of Andhra Pradesh and the State of Telangana in such manner as the President may, after consultation with the Chief Ministers of the two States, determine.
(2) Any dispute or doubt arising out of the distribution of assets and liabilities under clause (1) shall be referred to such authority as the President may, by order, determine and the decision of such authority shall be final.
Chairman and Members of the Legislative Council
- (1) The Chairman and the members of the Legislative Council of the State of Andhra Pradesh, holding office immediately before the appointed day, shall continue to hold office as Chairman and members of the Legislative Council of that State.
(2) The Chairman and the members of the Legislative Council of the State of Telangana, holding office immediately before the appointed day, shall continue to hold office as Chairman and members of the Legislative Council of that State.
(3) The Legislative Councils of the States of Andhra Pradesh and Telangana shall, as soon as may be after the appointed day, choose a Deputy Chairman from among their members.
(4) The Deputy Chairman of the Legislative Council of the State of Andhra Pradesh, holding office immediately before the appointed day, shall continue to hold office as Deputy Chairman of that Council until a Deputy Chairman is chosen in accordance with clause (3).
(5) The Deputy Chairman of the Legislative Council of the State of Telangana, holding office immediately before the appointed day, shall continue to hold office as Deputy Chairman of that Council until a Deputy Chairman is chosen in accordance with clause (3).
Removal of Difficulties
- If any difficulty arises in relation to the implementation of the provisions of this Part, the President may, by order, do such things as may appear to him to be necessary or expedient for the purpose of removing that difficulty:
Provided that no such order shall be made after the expiration of two years from the appointed day.
Amendment of the Constitution
- The amendments to the Constitution made by this Part shall come into force on the appointed day.
Commentary
Historical Background
Article 72 was inserted into the Constitution of India by the Andhra Pradesh Reorganisation Act, 2014, which created the State of Telangana from the State of Andhra Pradesh. The article was enacted to provide for the distribution of assets and liabilities, the transfer of property, and the reorganisation of the Andhra Pradesh High Court.
Scope and Applicability
Article 72 applies to the States of Andhra Pradesh and Telangana. It is divided into several clauses that deal with different aspects of the reorganisation process.
Clause (1): Legislative Power to Issue Directives
This clause empowers the Legislature of a State to issue directives to ensure that orders or directions issued under any provision of the Constitution are carried out. The directives may include directions to do or refrain from doing a specific act, to cancel or modify a decision, or to stay the operation of an order or direction.
Clause (2): Scope of Directives
This clause provides that the directives issued by the Legislature may cover a wide range of matters, including the following:
- Directing that a thing be done, or that a course of action be taken or that a decision be given, in a specified manner
- Prohibiting the doing of anything or the taking of any course of action or the giving of any decision
- Canceling or modifying any decision or order
- Staying the operation of any order or direction, subject to specified conditions
Clause (3): Non-Justiciability of Directives
This clause provides that no court shall have the power to question any order or direction issued by an officer or authority in exercise of the powers conferred by clause (1). This means that the directives issued by the Legislature are not subject to judicial review.
Clause (4): Transfer of Property
This clause provides for the transfer of property between the States of Andhra Pradesh and Telangana. Under this clause, any property that was vested in the State of Andhra Pradesh immediately before the appointed day (the day on which the Andhra Pradesh Reorganisation Act, 2014, came into force) shall vest in the State of Telangana. Conversely, any property that was vested in the State of Telangana immediately before the appointed day shall vest in the State of Andhra Pradesh.
Clause (5): Disputes over Property Transfer
This clause provides that any dispute or doubt arising out of the transfer of property under clause (4) shall be referred to such authority as the President may, by order, determine. The authority’s decision on the matter shall be final.
Clause (6): Re-Organisation of the Andhra Pradesh High Court
This clause provides for the establishment of a separate High Court for the State of Telangana. The High Court for the State of Telangana shall have such Judges as the President, after consultation with the Chief Justice of India, may determine. The Chief Justice and other Judges of the High Court for the State of Telangana shall be appointed by the President in the same manner as the Chief Justice and other Judges of a High Court are appointed. They shall hold office on such terms and conditions as the President may determine.
Clause (7): Jurisdiction of the High Court for the State of Telangana
This clause provides that the High Court for the State of Telangana shall have the same jurisdiction, powers and authority, and the judgments, decrees, orders, and sentences of such High Court shall have the same force and effect, as the judgments, decrees, orders and sentences of the Andhra Pradesh High Court immediately before the appointed day.
Clause (8): Transfer of Judges
This clause provides that the Governor of the State of Telangana, with the concurrence of the Chief Justice of the Andhra Pradesh High Court, shall determine the Judges of that Court who shall be transferred to the High Court for the State of Telangana, and the date of such transfer.
Clause (9): Continuation of the Andhra Pradesh High Court
This clause provides that the High Court for the State of Andhra Pradesh shall continue to exercise its jurisdiction in respect of the State of Telangana until the High Court for the State of Telangana is constituted.
Clause (10): Distribution of Assets and Liabilities
This clause provides for the distribution of assets and liabilities between the States of Andhra Pradesh and Telangana. Under this clause, the assets and liabilities of the State of Andhra Pradesh, as on the appointed day, shall be distributed between the State of Andhra Pradesh and
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