Hyderabad: A gigantic task ahead for the new state of Telangana will be to amend a majority of the state laws are in force in the united Andhra Pradesh state.
A majority of jurists are of the opinion that “it is the responsibility of the new state to adopt existing laws in the residuary state by making amendments with reference to defining the territorial jurisdiction of the Acts”.
As on date, as many as 195 laws are in force in the combined state, including certain laws which were enacted in specific areas such as the AP (Telangana Area) Abolition of Inams (Amendment) Act, 1986, the AP (Telangana Area) Horse Racing and Betting Tax (Amendment) Act, 1986, the AP (Telangana Area) and others.
Bhaskar Pouluri, a High Court advocate, explained that the new state would first have to examine all the laws and adopt them to make applicable in its jurisdiction and while amending the jurisdiction, the legislature would have to incorporate changes in the existing Acts to make them more suitable to the needs of the new state.
He said even though certain laws were made area specific, the new state has to amend the Act by replacing the word Andhra Pradesh with Telangana in the Act, as it is mandatory to make them applicable in the territorial jurisdiction of the new state.
He said that the laws pertaining to service matters of employees would not have to be changed as the Andhra Pradesh Reorganisation Bill-2014 envisages for a Common Administrative Tribunal (CAT) for a period of 10 years.
He said that as long as Article 371(D) was in force, there would not be a change in methodology of recruitment.
Praduymna Kumar Reddy, a criminal lawyer, said that while there was an Integrated Police Act currently in force in the combined state, earlier, there were two separate Acts for the Andhra Police and Telangana police. Later, a new Act was introduced by clubbing both the Acts.
He said that the police Acts are mainly meant to take preventive measures to maintain law and order; the new state and the residuary state have the right to change the existing laws to make them more suitable for their territories.
Referring to the provision under the AP Reorganisation Act, that existing laws would continue in both the states, HC advocate A. Santosh Kumar said that it was for the new state to look into all the Acts and then go for amendments according to its requirements.
He said that the Hyderabad Municipal Corporation Act was applicable for the entire combined state, but if the residuary state felt that the entire Act was irrelevant for its territory , then it could be repealed and a new Act be brought into. He said that the Taxation Laws and other Central Laws shall remain in force in both states.
