The state of Andhra Pradesh has petitioned the Supreme Court for a partition of assets and liabilities between it and the state of Telangana. [Andhra Pradesh vs. Union of India]
In seeking a fair, equitable, and expeditious division of assets and liabilities of the erstwhile State of Andhra Pradesh between the two newly formed States, the State has approached the Court as parens patriae to represent the cause of its people as well as its own rights, including rights under Articles 14 and 21 of the Indian Constitution.
According to the petition filed by Advocate Mahfooz A Nazki, despite the two states being formed in June 2014 and the apportionment of assets and liabilities being made under the Andhra Pradesh Reorganisation Act, 2014, the actual division of assets has not even begun, despite repeated efforts by the Andhra Pradesh government seeking a speedy resolution.
It asserts that the assets and liabilities of not a single institution listed in Schedules IX (91 institutions) and X (142 institutions) of the Act, as well as another 12 institutions, have been divided among the states.
The petition contends that the non-division of the assets, valued at 1,42,601 crore, obviously benefits Telangana, because almost 91% of these assets are located in Hyderabad, the capital of the former united State, which is now in Telangana.
According to the petition, the failure to distribute the assets has resulted in a slew of issues that have harmed and violated the fundamental and other constitutional rights of the people of Andhra Pradesh, including the employees of the institutions in question.
“Because there has been no effective division, the staff working in these institutions [about 1,59,096] have been in limbo since 2014. The situation of pensionable personnel who retired after the split is pitiful, and many of them have not received terminal benefits. As a result, it is critical that all of these assets be divided as soon as possible and that the matter be put to rest “According to the plea.
The petition stated that the institutions are an extension of the State and perform a variety of basic and vital activities, and that the non-bifurcation of the assets has severely hampered their functioning, which has a direct and negative impact on the people of the State of Andhra Pradesh.
As a result, it sought a declaration from the Court that Telangana’s inaction violated its people’s fundamental rights, as well as all necessary directions to facilitate the swift division of assets between the States.
Written by RISHAV RAJ BBA LL.B 4th semester ( RNB GLOBAL UNIVERSITY)
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