Statement of Objects and Reasons appended to the Constitution
(Thirty-third Amendment) Bill, 1973 which was enacted as
the Constitution (Thirty-second Amendment) Act, 1973
STATEMENT OF OBJECTS AND REASONS
When the State of Andhra Pradesh was formed in 1956, certain
safeguards were envisaged for the Telangana area in the matter of
development and also in the matter of employment opportunities and
educational facilities for the residents of that area. The provisions
of clause (1) of article 371 of the Constitution were intended to give
effect to certain features of these safeguards. The Public Employment
(Requirement as to Residence) Act, 1957, was enacted inter alia to
provide for employment opportunities for residents of Telangana area.
But in 1969, the Supreme Court held the relevant provision of the Act
to be unconstitutional is so far as it related to the safeguards
envisaged for the Telangana area. Owing to a variety of causes, the
working of the safeguards gave rise to a certain amount of
dissatisfaction sometimes in the Telangana area and sometimes in the
other areas of the State. Measures were devised from time to time to
resolve the problems. Recently several leaders of Andhra Pradesh made
a concerted effort to analyse the factors which have been giving rise
to the dissatisfaction and find enduring answers to the problems with
a view to achieving fuller emotional integration of the people of
Andhra Pradesh. On the 21st September, 1973, they suggested certain
measures (generally known as the Six-Point Formula) indicating a
uniform approach for promoting accelerated development of the backward
areas of the State so as to secure the balanced development of the
State as a whole and for providing equitable opportunities to
different areas of the State in this matter of education, employment
and career prospects in public services. This formula has received
wide support in Andhra Pradesh and has been endorsed by the State
Government.
2. This Bill has been brought forward to provide the necessary
constitutional authority for giving effect to the Six-Point Formula in
so far as it relates to the provision of equitable opportunities for
people of different areas of the State in the matter of admission to
educational institutions and public employment and constitution of an
Administrative Tribunal with jurisdiction to deal with certain
disputes and grievances relating to public services. The Bill also
seeks to empower Parliament to legislate for establishing a Central
University in the State and contains provisions of an incidental and
consequential nature including the provision for the validation of
certain appointments made in the past. As the Six-Point Formula
provides for the discontinuance of the Regional Committee constituted
under clause (1) of article 371 of the Constitution, the Bill also
provides for the repeal of that clause.
NEW DELHI; UMA SHANKAR DIKSHIT.
The 12th December, 1973.
THE CONSTITUTION (THIRTY-SECOND AMENDMENT) ACT, 1973
Page 2
[3rd May, 1974.]
An Act further to amend the Constitution of India.
BE it enacted by Parliament in the Twenty-fourth Year of the Republic
of India as follows:-
1. Short title and commencement (1).- This Act may be called the
Constitution (Thirty-second Amendment) Act, 1973.
(2) It shall come into force on such date_666 as the Central
Government may, by notification in the official Gazette, appoint.
2. Amendment of article 371.-Clause (1) of article 371 of the
Constitution shall be omitted, and in the marginal heading to that
article, the words "Andhra Pradesh," shall be omitted.
3. Insertion of new articles 371D and 371E.-After article 371C of the
Constitution, the following articles shall be inserted, namely:-
"371D. Special provisions with respect to the State of Andhra
Pradesh.-(1) The President may by order made with respect to the State
of Andhra Pradesh provide, having regard to the requirements of the
State as a whole, for equitable opportunities and facilities for the
people belonging to different parts of the State, in the matter of
public employment and in the matter of education, and different
provisions may be made for various parts of the State.
(2) An order made under clause (1) may, in particular,-
(a) require the State Government to organise any class or classes of
posts in civil service of, or any class or classes of civil posts
under, the State into different local cadres for different parts of
the State and allot in accordance with such principles and procedure
as may be specified in the order the persons holding such posts to the
local cadres so organised;
(b) specify any part or parts of the State which shall be regarded as
the local area-
(i) for direct recruitment to posts in any local cadre (whether
organised in pursuance of an order under this article or constituted
otherwise) under the State Government;
(ii) for direct recruitment to posts in any cadre under any local
authority within the State; and
(iii) for the purposes of admission to any University within the State
or to any other educational institution which is subject to the
control of the State Government;
(c) specify the extent to which, the manner in which and the
conditions subject to which, preference or reservation shall be given
or made-
(i) in the matter of direct recruitment to posts in any such cadre
referred to in sub-clause (b) as may be specified in this behalf in
the order;
(ii) in the matter of admission to any such University or other
educational institution referred to in sub-clause (b) as may be
specified in this behalf in the order,
to or in favour of candidates who have resided or studied for any
Page 3
period specified in the order in the local area in respect of such
cadre, University or other educational institution, as the case may
be.
(3) The President may, by order, provide for the constitution of an
Administrative Tribunal for the State of Andhra Pradesh to exercise
such jurisdiction, powers and authority [including any jurisdiction,
power and authority which immediately before the commencement of the
Constitution (Thirty-second Amendment) Act, 1973, was exercisable by
any court (other than the Supreme Court) or by any tribunal or other
authority] as may be specified in the order with respect to the
following matters, namely:---
(a) appointment, allotment or promotion to such class or classes of
posts in any civil service of the State, or to such class or classes
of civil posts under the State, or to such class or classes of posts
under the control of any local authority within the State, as may be
specified in the order;
(b) seniority of persons appointed, allotted or promoted to such class
or classes of posts in any civil service of the State, or to such
class or classes of civil posts under the State, or to such class or
classes of posts under the control of any local authority within the
State, as may be specified in the order;
(c) such other conditions of service of persons appointed, allotted or
promoted to such class or classes of posts in any civil service of the
State or to such class or classes of civil posts under the State or to
such class or classes of posts under the control of any local
authority within the State, as may be specified in the order.
(4) An order made under clause (3) may-
(a) authorise the Administrative Tribunal to receive representations
for the redress of grievances relating to any matter within its
jurisdiction as the President may specify in the order and to make
such orders thereon as the Administrative Tribunal deems fit;
(b) contain such provisions with respect to the powers and authorities
and procedure of the Administrative Tribunal (including provisions
with respect to the powers of the Administrative Tribunal to punish
for contempt of itself) as the President may deem necessary;
(c) provide for the transfer to the Administrative Tribunal of such
classes of proceedings, being proceedings relating to matters within
its jurisdiction and pending before any court (other than the Supreme
Court) or tribunal or other authority immediately before the
commencement of such order, as may be specified in the order;
(d) contain such supplemental, incidental and consequential provisions
(including provisions as to fees and as to limitation, evidence or for
the application of any law for the time being in force subject to any
exceptions or modifications) as the President may deem necessary.
(5) The order of the Administrative Tribunal finally disposing of any
case shall become effective upon its confirmation by the State
Government or on the expiry of three months from the date on which the
order is made, whichever is earlier:
Provided that the State Government may, by special order made in
writing and for reasons to be specified therein, modify or annul any
order or the Administrative Tribunal before it becomes effective and
in such a case, the order of the Administrative Tribunal shall have
effect only in such modified form or be of no effect, as the case may
be.
Page 4
(6) Every special order made by the State Government under the proviso
to clause (5) shall be laid, as soon as may be after it is made,
before both Houses of the State Legislature.
(7) The High Court for the State shall not have any powers of
superintendence over the Administrative Tribunal and no court (other
than the Supreme Court) or tribunal shall exercise any jurisdiction,
power or authority in respect of any matter subject to the
jurisdiction, power or authority of, or in relation to, the
Administrative Tribunal.
(8) If the President is satisfied that the continued existence of the
Administrative Tribunal is not necessary, the President may by order
abolish the Administrative Tribunal and make such provisions in such
order as he may deem fit for the transfer and disposal of cases
pending before the Tribunal immediately before such abolition.
(9) Notwithstanding any judgment, decree or order of any court,
tribunal or other authority,-
(a) no appointment, posting, promotion or transfer of any person-
(i) made before the 1st day of November, 1956, to any post under the
Government of, or any local authority within, the State of Hyderabad
as it existed before that date; or
(ii) made before the commencement of the Constitution (Thirty-second
Amendment) Act, 1973, to any post under the Government of, or any
local or other authority within, the State of Andhra Pradesh; and
(b) no action taken or thing done by or before any person referred to
in sub-clause (a),
shall be deemed to be illegal or void or ever to have become illegal
or void merely on the ground that the appointment, posting, promotion
or transfer of such person was not made in accordance with any law,
then in force, providing for any requirement as to residence within
the State of Hyderabad or, as the case may be, within any part of the
State of Andhra Pradesh, in respect of such appointment, posting,
promotion or transfer.
(10) The provisions of this article and of any order made by the
President thereunder shall have effect notwithstanding anything in any
other provision of this Constitution or in any other law for the time
being in force.
371E. Establishment of Central University in Andhra Pradesh.-
Parliament may by law provide for the establishment of a University in
the State of Andhra Pradesh.".
4. Amendment of Seventh Schedule.-In the Seventh Schedule to the
Constitution, in List I, in entry 63, for the words "Delhi University,
and", the words, figures and letter "Delhi University; the University
established in pursuance of article 371E;" shall be substituted.
Wednesday, January 6, 2010
Revival of Mulki Rules and Telangana Regional Committee- Presidential Order Violated-GO 610 Buried by the Government ---Prof. S. Sreedhara Swamy
An examination of 32nd Constitutional amendment and Article 371-D clearly establishes, that the MULKI Rules , which became operative by virtue of the Firman issued by HEH the Nizam, in Hyderabad state, of which the Telangana was an integral part and the clauses mentioned in 371-D are fresh rules, they do not make a mention of Mulki Rules, nor do they specify that the revised local cadres are substitutes to Mulki rules.
This aspect needs careful study. Even if Go 610 is implemented and the resulting vacancies are filled, they will be filled by the brothers, sisters, children of Andhra Employees who became locals by virtue of studies. It is a Multiplier Effect. Andhra’s first occupied vacancies in violation of Presidential Order, settled here, they brought their kith and kin from Andhra areas, which studied here for four years and thus became locals. This is a serious problem with unimaginative dimension.
Similarly, there is no Provision anywhere, in Constitutional amendments that the Telangana Regional Committee is abolished or is withdrawn. It is only a political resolution No 6 in the six point formula, which mentions that the continuation of Mulki Rules and Telangana regional Committee becomes unnecessary. It is time that we educate about this and understand the implications. Struggle for the revival of Mulki Rules and Telangana Regional Committee by the concerted Political Action, and or by Legal Action, are now essential.
From this angle let us give a fresh look to Supreme Court Judgment, Six Point Formula and Presidential Order, and Girglani Commission Recommendations, and the recent political voices from Dominant Andhra Political Leadership.
Mulki Rules Held Valid By the Supreme Court, October 1972
Mulki Rules held valid by the Supreme Court, by the Five member Bench headed by Justice S.M.Sikri, allowing the appeal. The judgment of the AP High Court of the Full Bench and the Division Bench are set aside and writ petition No 2524 of 1967 is dismissed. (AIR 1973 Supreme Court 827, The Director of Industries and Commerce, Govt of AP Vs V. Venkat Reddy)
Important References Quoted:
States Reorganization Act , 1956 Articles 3, 4
Constitutional Provisions : 35 ( a ), (b ), 13, 14, 16(3), 371,372
HEH the Nizam’s Firman Dated 25th Ramzan 1337 H
Essence of the Judgment
.Mulki Rules were in force in Hydearbad State, by virtue of the Firman of HEH the Nizam Dated 25th Ramzan 1337 H (corresponding to 1919) before joining Indian Union, in 1948.The Constitution of India came into force on January 1950. The state of Andhra Pradesh was reconstituted on November 1, 1956.The words “laws in force in the territory of India” in Art 35(b) also occur in 372 which continue in force, existing laws which existed not only in the Provinces of British India but in all Indian states. In the context of Art. 35 (b) and 372, what has to be seen is not whether the state of Hyderabad was part of the territory of India before the commencement of the constitution, but whether its territory is included in India after its commencement. The same test applies to the old provinces or part of provinces of British India.
The second question is whether or not Mulki Rules Continue---the essence of 35(b) is not only to continue the Mulki Rules, but also to continue them until Parliament repeals, amends or alters them. It cannot be denied that that the purpose of reorganization of States is not to take away Fundamental Rights. Accordingly “we are of the view that the mulki rules continued in force even after the constitution of the State of Andhra Pradesh under the reorganization of States, Act, 1956 “(Para 18)
Background to Introduction/Continuation of Mulki Rules
The supreme court extensively quoted from earlier judgment in justification for Mulki Rules
Due to political and historical reasons, Hyderabad state remained isolated. There were no adequate educational facilities.
There were very few opportunities to enter public service in competition with others from outside the state.
Urdu which was not the language of 90% of the people was the official language of Administration.
SRC suggested the continuance of the Telangana region as a separate state.
An agreement of the elders of both the regions was reached to reserve to them the benefits of securing employment on the strength of their residence.
The formation of a Regional Standing Committee was also agreed upon.
What exactly are Mulki Rules
In, urdu language, mulk is a nation, and the residents are Mulkis.The fight for jobs for the mulkis had a long cherished history. In the present context, it is necessary to understand the origin:
The Mulki Rules formed part of the Hyderabad Civil Services Regulations promulgated in obedience to His Exalted Highness the Nizam’s Firman dated 25th Ramzan 1337 Hijri , corresponding to 1919 A.D
The State of Hyderabad was then a native Indian State, which had not acceded to the Dominion of India after the Indian Independence Act, 1947.
Article 39 of Hyderabad Civil Service Rules, as contained in Chapter III of Regulations reads as follows, Appendix N.
“39. No person will be appointed in any Superior or Inferior services without specific sanction of His exalted Highness, if he is not a Mulki, in terms of the rules laid down in Appendix “ N”
Clause 6 of Rules:
A person shall be called a Mulki if----
by birth he is a subject of the Hyderabad State, or
by residence in the Hyderabad State, be entitled to be a Mulki, or
his father having completed 15 years of Service was in the Government Service at the time of his birth , or
she is a wife of a person who is a Mulki.
A person shall be called a Mulki who was a permanent resident of the Hyderabad State for at least 15 years and has abandoned the idea of returning to the place of his residence and has obtained an affidavit to that effect on a prescribed form attested by a Magistrate.
Prescribes the contents of the application to be made for grant of a Mulki Certificate and required the applicant, among other things, to say:
a, b, c, ----------------------
d) Where was he residing, prior to his residing in the Hyderabad
State
e) Place of birth and nationality of his father and grand father
f, g, ----------------
h) From what period the applicant is permanently residing in the Hyderabad State and whether he has abandoned the idea of returning to his native land
I, j, --------------
9) Stipulates conditions for verification of the contents by the Police Department.
Constitutional safeguards
Parliament, in effect, gave statutory recognition to this agreement ( Gentlemen’s Agreement ) by making the necessary constitutional amendment in Art.371., providing for the constitution of the Telangana Regional Committee—the Constitution ( Seventh Amendment) Act, 1956, inter alia- substituted a new Article 371 for the old, the relevant part, the relevant part of which reads as follows
“ 371, Special Provision with respect to the States of Andhra Pradesh, Punjab, and Bombay—Notwithstanding any thing in this constitution the President may by Order made with respect to the States of Andhra Pradesh and provide for the constitution of and functions of regional committees of the legislative Assembly of the State for the modifications, to be made in the rules of business of the Government and in the rules of procedure of the Legislative Assembly of the State and for any special responsibility of the Governor in order to secure the proper functioning of the regional committees.”
.—(Para 11 of the Supreme Court judgment)
The Supreme Court also examined the validity of Mulki Rules in the context of Section 16 (3 ), and held Mulki Rules valid because the “ the Public Employment (Requirement as to Residence ) Act, 1957” received the assent of the President, and came into force on March 21, 1959 as AP Employment( Requirement as to Residence) Rules, 1959. The preamble reads “An act to make in pursuance of clause (3) of article 16 of the Constitution special provisions for requirement as to residence in regard to certain classes of public employment in certain areas and to repeal existing laws prescribing any such recruitment.”
Brief Note (c ) of the Supreme Court Judgment says that the effect of reorganization of States made under Articles 3 and 4 of making Telangana a part of a new State of Andhra Pradesh must be ignored under Article 35(b) and hence the Mulki Rules continue in force, even after constitution of the State of Andhra Pradesh, Under the Reorganization of States Act, 1956.
---------It cannot be denied that the purpose of states reorganization of states is not to take away fundamental rights. (of Telangana People) (Para 17 of the Judgment)
Six Point Formula Evolved on 21-09-1973 and luke warm steps taken.
After the Supreme Court held that Mulki Rules are valid there was Jai Andhra Movement for scrapping Mulki Rules and for a State without any conditional ties. The political agreement evolved by the Andhra, Telangana, and National Political leadership is known as Six point Formula. Earlier several attempts were made in the nature of Gentlemen’s Agreement, All Party Accord, Eight point Formula, Five point Formula etc to some how continue the hotch poch arrangement for the continuation of the State of Andhra Pradesh.
The Six points are:
There should be greater financial allocations for the development of Backward Regions, and Capital city of Hyderabad A State Level Planning Board with legislators from Backward regions, together with experts be created and Sub-boards should be created for backward regions-----No concrete measures were taken more so for Telangana Region.
In educational institutions in the State, to give preference to local candidates a state level policy should be evolved.. In the capital city of Hyderabad, to augment educational facilities, a Central University should be established.---This has resulted in seven years of study in the regional areas in lieu of 15 years of residence in the Telangana region. University of Hyderabad has neither helped Telangana students nor academics, as it was a National University.
Up to a certain fixed level of recruitment local candidates should be preferred, this policy should be followed even in promotions giving preference to local candidates--- This gave way for Zonal System, four years of study in lieu of Mulki Rules. This aspect will be discussed in a greater detail, separately.
In respect of recruitment, seniority, promotions etc to resolve the problems Administrative Tribunals should be created, and the decisions of these Tribunals shall be binding on the Government. ---- These Tribunals only prolonged the process of rendering justice, rather than solving the problems. Recent Tribunal Orders on GO 610 are a few examples
To give effect to the above issues, to overcome legal hurdles, the President of India should be empowered to make Constitutional amendments--- This gave way for 32nd amendment, creation of 371-D, Presidential Orders, which were systematically violated by successive governments in the state, dominated by political, and administrative dominance of Andhra and Rayalaseema.
If the above conditions are fulfilled, the continuation of Mulki Rules and Telangana Regional Committee become unnecessary. While above conditions
1 to 5 were not implemented, the sixth point was the only point that was immediately implanted, because it served the interests of Andhra and Rayala Seema regions.
Review of Six-point Formula
The thirty-second Amendment Act omits clause (1) of Art.371 and makes special provision with respect to the State of Andhra Pradesh by inserting new clause 371-D. It also empowers the parliament to provide by Law, for the establishment of a University in the State of Andhra Pradesh.
371-D Special Provisions with respect to the State of Andhra pradesh.
(Popularly known as the Presidential Order, 1975 developed from these provisions)
The President may by order made with respect to the state of Andhra Pradesh provide, having regard to the state as a whole, for equitable opportunities and facilities for the people belonging to different parts of the state, in the matter of public employment, and in the matter of education, and different provisions may be made for various parts of the State.
An Order made under Cl (1) may , in particular:
a) Require the State Government to organize any class or classes of posts in a civil service of, or any class or classes of civil posts of the State and allot in accordance with such principles and procedures as may be specified in the order the persons holding such posts to the local cadre so organized.
b) Specify any part or parts of the state which shall be regarded as the local area
(----There are several details regarding Tribunals etc, which are not reproduced here------)
371-E Establishment of Central University in Andhra Pradesh Review of the Six Point Formula and the Presidential Order.
It is clear that no serious efforts were made in respect of point (1). In respect of Para (2) admission procedures were evolved giving preference to local candidates. Which is 4 years of study instead of a Mulki Candidate? Central University is no doubt established in Hyderabad city. This is more a national University in nature, rather than augmenting facilities for Telangana students. Neither the faculty, nor the students are selected from Telangana region. Para (3) is supposed to be taken care by local cadre/ zonal System under Presidential order. It is surprising to note there are so many inconsistencies and fallacies’, when Mulki Rules are set aside. A candidate is a local for admissions in educational institution, and non-local for employment, to cite an example.The child of Mulki candidates, because of the studies elsewhere, by transfers have become non-locals, whereas, children of Andhra settlers in Telangana have become locals because of studies here------
Much before 1975 Presidential Order, about 25000 candidates, who obtained Bogus Mulki Certificates and occupied the vacancies meant for Mulki Candidates. This was sought to be rectified by GO Ms No 36 Dated 21-1-1969, they were never sent back nor action was taken for producing False Bogus Mulki certificates.Thease issues were dragged into legal battle which finally culminated in the Supreme Court Judgment of 1972, validating Mulki Rules. With the Presidential Order, 1975, District local cadres, , Zonal system and Zonal Cadres, Reservations in Gazetted Posts, Secretariat and HODs, Controversy of city of Hyderabad etc are well known. We are not going into details here. By the time GO Ms 610 of 1985 was issued, it was estimated by a Committee of three IAS officers that 58, 962 non locals are occupying the posts in Zones V & VI- Telangana Area.
In this long and historical process the Appointment of Girglani Commission, its recommendations, the Report of the House Committee, the Final Report of the Commission and periodical announcements that the Report of the Girglani Commission would be implemented in toto, are known facts and experiences. .The Employees and Political Leaders were taken aback when Go No 72 was issued recently in total and blatant violation of Presidential Order, and the recommendations of the Girglani commiss.ion. Political Leadership of Andhra and Rayalaseema have raised a banner of Open revolt They are proclaiming that no retrospective effect will be allowed, not a single employee would be allowed to be transferred. back to Andhra and Rayalaseema regions. Some people have gone against Go 610, and Go 72. to the High court of Andhra Pradesh. Leadership is openly assuring financial help and supporting all those employees who would go to court against the process of implementation. It will be surprising to note that in GO Ms No 564 Dated 5-12-1985, the employees from Coastal Andhra&Telangana when posted to Rayalaseema were sent back immediately, if necessary by using physical force.
Inherent Defects in Zonal System
Even though, in the wake of Jai Andhra Agitation, Andhra, Telangana and National Political powers had agreed for Six Point Formula to provide Oxygen to a dying state of Andhra Pradesh, the experience shows it had inherent weaknesses.
Instead of three regions, the state was divided into six zones, which have serious implications, in employment sector.
The children of state wide officers study in different schools, and being the locals of Telangana, they become non-locals to Telangana, and vice versa.
In the absence of recruitment in Govt sector, people migrate to different states. Naturally those children who study outside the state, cannot get become locals or non-locals, and are permanently denied jobs in AP, even though their parents are born , brought up, educated in Andhra Pradesh.
Now that the Mulki Rules were not implemented properly earlier, and Presidential Orders now, those who have violated law who should have been prosecuted criminally, are not only enjoying the fruits but are dictating terms to Telanganites.
Those employees who came to Hyderabad, under the pretext of non existing, VII zone, in utter violation of Presidential Order, claim that we have been staying here in Telangana for the last thirty years, and now how can we go back.
Added to injury, even if vacancies are created and recruitment starts, the children of Andhra’s who came here in violation of Presidential Orders, would again get jobs because they have become locals by virtue of studies.---- Perpetuation of violations and Multiplier effect.
Those children of Andhrits, who came here for business, and several other reasons have become locals by virtue of studies and get jobs meant for Telangana Youth.
The same people are now opposing vehemently the implementation of 610, Presidential Order. Those who have perfected the art of exploitation would never be silent when the injustices are fought, and justice is sought to be achieved. It is for this reason, SRC apprehended that Telangana would become a Colony. It has come true, beyond doubt. The solution lies only in Separate Telangana. Meanwhile, since there is a limited possibility of implementing 610 and Girglani Commission recommendations, with retrospective effect since 1975, it is better we fight, now politically and legally for the revival of Mulki Rules and Telangana Regional Committee, before the Telangana State is formed.
Re-constitution of Telangana Regional Committee
In accordance with Gentlemen’s Agreement, Regional Council for Telangana was to be constituted. The Presidential Order fewer than 371 (1) constituted AP Regional Committee Order, 1958 was issued in February 1, 1958----Word Telangana was omitted, and Council has been changed to Committee-----
It was given wide powers on subjects like local self Government, public health, primary and secondary education, regulation of admissions in Telangana educational institutions, prohibition of liquors, sale of agricultural lands, Cottage and small scale industries, agriculture, markets, development and economic planning. All the legislators, and MPs were members of this committee, the Chairman was given Cabinet Rank.
Section ( 7 ) dealing with the powers of the Committee provides : “ The Regional Committee shall have power to consider and pass resolutions recommending to the state Government any legislative or executive action with respect to any scheduled matters-------“ Even the superfluous powers of recommendations, were not respected by the Government.---It must be said to the credit of the Telangana Regional Committee that it made volumes of reports on Telangana problems. TRC has used its powers to report, but it has no powers to implement and administer.
Even though, it was not that effective in its functioning, its reports, and publications helped to a large extent the general public and the academics. Similar Boards were established for Vidarbha, Saurashtra, Punjab etc.. The Andhra leadership, was sore about it, and was abolished under Six-Point Formula. If not for any thing, the large scale selling of Agricultural lands in Telangana, in General and around twin cities in particular would have been under check. According to one report, the Regional Committees functioned only in AP, and Punjab. The failure of the Committee resulted in the division of state into Punjab and Haryana, now the abolition of Regional Committee in AP, also should lead to the creation of Telangana state. Till such time the separate State is formed, the political leadership of Telangana, irrespective of political affiliations, should strive for the re-constitution of Telangana Regional Committee, at the earliest.
This aspect needs careful study. Even if Go 610 is implemented and the resulting vacancies are filled, they will be filled by the brothers, sisters, children of Andhra Employees who became locals by virtue of studies. It is a Multiplier Effect. Andhra’s first occupied vacancies in violation of Presidential Order, settled here, they brought their kith and kin from Andhra areas, which studied here for four years and thus became locals. This is a serious problem with unimaginative dimension.
Similarly, there is no Provision anywhere, in Constitutional amendments that the Telangana Regional Committee is abolished or is withdrawn. It is only a political resolution No 6 in the six point formula, which mentions that the continuation of Mulki Rules and Telangana regional Committee becomes unnecessary. It is time that we educate about this and understand the implications. Struggle for the revival of Mulki Rules and Telangana Regional Committee by the concerted Political Action, and or by Legal Action, are now essential.
From this angle let us give a fresh look to Supreme Court Judgment, Six Point Formula and Presidential Order, and Girglani Commission Recommendations, and the recent political voices from Dominant Andhra Political Leadership.
Mulki Rules Held Valid By the Supreme Court, October 1972
Mulki Rules held valid by the Supreme Court, by the Five member Bench headed by Justice S.M.Sikri, allowing the appeal. The judgment of the AP High Court of the Full Bench and the Division Bench are set aside and writ petition No 2524 of 1967 is dismissed. (AIR 1973 Supreme Court 827, The Director of Industries and Commerce, Govt of AP Vs V. Venkat Reddy)
Important References Quoted:
States Reorganization Act , 1956 Articles 3, 4
Constitutional Provisions : 35 ( a ), (b ), 13, 14, 16(3), 371,372
HEH the Nizam’s Firman Dated 25th Ramzan 1337 H
Essence of the Judgment
.Mulki Rules were in force in Hydearbad State, by virtue of the Firman of HEH the Nizam Dated 25th Ramzan 1337 H (corresponding to 1919) before joining Indian Union, in 1948.The Constitution of India came into force on January 1950. The state of Andhra Pradesh was reconstituted on November 1, 1956.The words “laws in force in the territory of India” in Art 35(b) also occur in 372 which continue in force, existing laws which existed not only in the Provinces of British India but in all Indian states. In the context of Art. 35 (b) and 372, what has to be seen is not whether the state of Hyderabad was part of the territory of India before the commencement of the constitution, but whether its territory is included in India after its commencement. The same test applies to the old provinces or part of provinces of British India.
The second question is whether or not Mulki Rules Continue---the essence of 35(b) is not only to continue the Mulki Rules, but also to continue them until Parliament repeals, amends or alters them. It cannot be denied that that the purpose of reorganization of States is not to take away Fundamental Rights. Accordingly “we are of the view that the mulki rules continued in force even after the constitution of the State of Andhra Pradesh under the reorganization of States, Act, 1956 “(Para 18)
Background to Introduction/Continuation of Mulki Rules
The supreme court extensively quoted from earlier judgment in justification for Mulki Rules
Due to political and historical reasons, Hyderabad state remained isolated. There were no adequate educational facilities.
There were very few opportunities to enter public service in competition with others from outside the state.
Urdu which was not the language of 90% of the people was the official language of Administration.
SRC suggested the continuance of the Telangana region as a separate state.
An agreement of the elders of both the regions was reached to reserve to them the benefits of securing employment on the strength of their residence.
The formation of a Regional Standing Committee was also agreed upon.
What exactly are Mulki Rules
In, urdu language, mulk is a nation, and the residents are Mulkis.The fight for jobs for the mulkis had a long cherished history. In the present context, it is necessary to understand the origin:
The Mulki Rules formed part of the Hyderabad Civil Services Regulations promulgated in obedience to His Exalted Highness the Nizam’s Firman dated 25th Ramzan 1337 Hijri , corresponding to 1919 A.D
The State of Hyderabad was then a native Indian State, which had not acceded to the Dominion of India after the Indian Independence Act, 1947.
Article 39 of Hyderabad Civil Service Rules, as contained in Chapter III of Regulations reads as follows, Appendix N.
“39. No person will be appointed in any Superior or Inferior services without specific sanction of His exalted Highness, if he is not a Mulki, in terms of the rules laid down in Appendix “ N”
Clause 6 of Rules:
A person shall be called a Mulki if----
by birth he is a subject of the Hyderabad State, or
by residence in the Hyderabad State, be entitled to be a Mulki, or
his father having completed 15 years of Service was in the Government Service at the time of his birth , or
she is a wife of a person who is a Mulki.
A person shall be called a Mulki who was a permanent resident of the Hyderabad State for at least 15 years and has abandoned the idea of returning to the place of his residence and has obtained an affidavit to that effect on a prescribed form attested by a Magistrate.
Prescribes the contents of the application to be made for grant of a Mulki Certificate and required the applicant, among other things, to say:
a, b, c, ----------------------
d) Where was he residing, prior to his residing in the Hyderabad
State
e) Place of birth and nationality of his father and grand father
f, g, ----------------
h) From what period the applicant is permanently residing in the Hyderabad State and whether he has abandoned the idea of returning to his native land
I, j, --------------
9) Stipulates conditions for verification of the contents by the Police Department.
Constitutional safeguards
Parliament, in effect, gave statutory recognition to this agreement ( Gentlemen’s Agreement ) by making the necessary constitutional amendment in Art.371., providing for the constitution of the Telangana Regional Committee—the Constitution ( Seventh Amendment) Act, 1956, inter alia- substituted a new Article 371 for the old, the relevant part, the relevant part of which reads as follows
“ 371, Special Provision with respect to the States of Andhra Pradesh, Punjab, and Bombay—Notwithstanding any thing in this constitution the President may by Order made with respect to the States of Andhra Pradesh and provide for the constitution of and functions of regional committees of the legislative Assembly of the State for the modifications, to be made in the rules of business of the Government and in the rules of procedure of the Legislative Assembly of the State and for any special responsibility of the Governor in order to secure the proper functioning of the regional committees.”
.—(Para 11 of the Supreme Court judgment)
The Supreme Court also examined the validity of Mulki Rules in the context of Section 16 (3 ), and held Mulki Rules valid because the “ the Public Employment (Requirement as to Residence ) Act, 1957” received the assent of the President, and came into force on March 21, 1959 as AP Employment( Requirement as to Residence) Rules, 1959. The preamble reads “An act to make in pursuance of clause (3) of article 16 of the Constitution special provisions for requirement as to residence in regard to certain classes of public employment in certain areas and to repeal existing laws prescribing any such recruitment.”
Brief Note (c ) of the Supreme Court Judgment says that the effect of reorganization of States made under Articles 3 and 4 of making Telangana a part of a new State of Andhra Pradesh must be ignored under Article 35(b) and hence the Mulki Rules continue in force, even after constitution of the State of Andhra Pradesh, Under the Reorganization of States Act, 1956.
---------It cannot be denied that the purpose of states reorganization of states is not to take away fundamental rights. (of Telangana People) (Para 17 of the Judgment)
Six Point Formula Evolved on 21-09-1973 and luke warm steps taken.
After the Supreme Court held that Mulki Rules are valid there was Jai Andhra Movement for scrapping Mulki Rules and for a State without any conditional ties. The political agreement evolved by the Andhra, Telangana, and National Political leadership is known as Six point Formula. Earlier several attempts were made in the nature of Gentlemen’s Agreement, All Party Accord, Eight point Formula, Five point Formula etc to some how continue the hotch poch arrangement for the continuation of the State of Andhra Pradesh.
The Six points are:
There should be greater financial allocations for the development of Backward Regions, and Capital city of Hyderabad A State Level Planning Board with legislators from Backward regions, together with experts be created and Sub-boards should be created for backward regions-----No concrete measures were taken more so for Telangana Region.
In educational institutions in the State, to give preference to local candidates a state level policy should be evolved.. In the capital city of Hyderabad, to augment educational facilities, a Central University should be established.---This has resulted in seven years of study in the regional areas in lieu of 15 years of residence in the Telangana region. University of Hyderabad has neither helped Telangana students nor academics, as it was a National University.
Up to a certain fixed level of recruitment local candidates should be preferred, this policy should be followed even in promotions giving preference to local candidates--- This gave way for Zonal System, four years of study in lieu of Mulki Rules. This aspect will be discussed in a greater detail, separately.
In respect of recruitment, seniority, promotions etc to resolve the problems Administrative Tribunals should be created, and the decisions of these Tribunals shall be binding on the Government. ---- These Tribunals only prolonged the process of rendering justice, rather than solving the problems. Recent Tribunal Orders on GO 610 are a few examples
To give effect to the above issues, to overcome legal hurdles, the President of India should be empowered to make Constitutional amendments--- This gave way for 32nd amendment, creation of 371-D, Presidential Orders, which were systematically violated by successive governments in the state, dominated by political, and administrative dominance of Andhra and Rayalaseema.
If the above conditions are fulfilled, the continuation of Mulki Rules and Telangana Regional Committee become unnecessary. While above conditions
1 to 5 were not implemented, the sixth point was the only point that was immediately implanted, because it served the interests of Andhra and Rayala Seema regions.
Review of Six-point Formula
The thirty-second Amendment Act omits clause (1) of Art.371 and makes special provision with respect to the State of Andhra Pradesh by inserting new clause 371-D. It also empowers the parliament to provide by Law, for the establishment of a University in the State of Andhra Pradesh.
371-D Special Provisions with respect to the State of Andhra pradesh.
(Popularly known as the Presidential Order, 1975 developed from these provisions)
The President may by order made with respect to the state of Andhra Pradesh provide, having regard to the state as a whole, for equitable opportunities and facilities for the people belonging to different parts of the state, in the matter of public employment, and in the matter of education, and different provisions may be made for various parts of the State.
An Order made under Cl (1) may , in particular:
a) Require the State Government to organize any class or classes of posts in a civil service of, or any class or classes of civil posts of the State and allot in accordance with such principles and procedures as may be specified in the order the persons holding such posts to the local cadre so organized.
b) Specify any part or parts of the state which shall be regarded as the local area
(----There are several details regarding Tribunals etc, which are not reproduced here------)
371-E Establishment of Central University in Andhra Pradesh Review of the Six Point Formula and the Presidential Order.
It is clear that no serious efforts were made in respect of point (1). In respect of Para (2) admission procedures were evolved giving preference to local candidates. Which is 4 years of study instead of a Mulki Candidate? Central University is no doubt established in Hyderabad city. This is more a national University in nature, rather than augmenting facilities for Telangana students. Neither the faculty, nor the students are selected from Telangana region. Para (3) is supposed to be taken care by local cadre/ zonal System under Presidential order. It is surprising to note there are so many inconsistencies and fallacies’, when Mulki Rules are set aside. A candidate is a local for admissions in educational institution, and non-local for employment, to cite an example.The child of Mulki candidates, because of the studies elsewhere, by transfers have become non-locals, whereas, children of Andhra settlers in Telangana have become locals because of studies here------
Much before 1975 Presidential Order, about 25000 candidates, who obtained Bogus Mulki Certificates and occupied the vacancies meant for Mulki Candidates. This was sought to be rectified by GO Ms No 36 Dated 21-1-1969, they were never sent back nor action was taken for producing False Bogus Mulki certificates.Thease issues were dragged into legal battle which finally culminated in the Supreme Court Judgment of 1972, validating Mulki Rules. With the Presidential Order, 1975, District local cadres, , Zonal system and Zonal Cadres, Reservations in Gazetted Posts, Secretariat and HODs, Controversy of city of Hyderabad etc are well known. We are not going into details here. By the time GO Ms 610 of 1985 was issued, it was estimated by a Committee of three IAS officers that 58, 962 non locals are occupying the posts in Zones V & VI- Telangana Area.
In this long and historical process the Appointment of Girglani Commission, its recommendations, the Report of the House Committee, the Final Report of the Commission and periodical announcements that the Report of the Girglani Commission would be implemented in toto, are known facts and experiences. .The Employees and Political Leaders were taken aback when Go No 72 was issued recently in total and blatant violation of Presidential Order, and the recommendations of the Girglani commiss.ion. Political Leadership of Andhra and Rayalaseema have raised a banner of Open revolt They are proclaiming that no retrospective effect will be allowed, not a single employee would be allowed to be transferred. back to Andhra and Rayalaseema regions. Some people have gone against Go 610, and Go 72. to the High court of Andhra Pradesh. Leadership is openly assuring financial help and supporting all those employees who would go to court against the process of implementation. It will be surprising to note that in GO Ms No 564 Dated 5-12-1985, the employees from Coastal Andhra&Telangana when posted to Rayalaseema were sent back immediately, if necessary by using physical force.
Inherent Defects in Zonal System
Even though, in the wake of Jai Andhra Agitation, Andhra, Telangana and National Political powers had agreed for Six Point Formula to provide Oxygen to a dying state of Andhra Pradesh, the experience shows it had inherent weaknesses.
Instead of three regions, the state was divided into six zones, which have serious implications, in employment sector.
The children of state wide officers study in different schools, and being the locals of Telangana, they become non-locals to Telangana, and vice versa.
In the absence of recruitment in Govt sector, people migrate to different states. Naturally those children who study outside the state, cannot get become locals or non-locals, and are permanently denied jobs in AP, even though their parents are born , brought up, educated in Andhra Pradesh.
Now that the Mulki Rules were not implemented properly earlier, and Presidential Orders now, those who have violated law who should have been prosecuted criminally, are not only enjoying the fruits but are dictating terms to Telanganites.
Those employees who came to Hyderabad, under the pretext of non existing, VII zone, in utter violation of Presidential Order, claim that we have been staying here in Telangana for the last thirty years, and now how can we go back.
Added to injury, even if vacancies are created and recruitment starts, the children of Andhra’s who came here in violation of Presidential Orders, would again get jobs because they have become locals by virtue of studies.---- Perpetuation of violations and Multiplier effect.
Those children of Andhrits, who came here for business, and several other reasons have become locals by virtue of studies and get jobs meant for Telangana Youth.
The same people are now opposing vehemently the implementation of 610, Presidential Order. Those who have perfected the art of exploitation would never be silent when the injustices are fought, and justice is sought to be achieved. It is for this reason, SRC apprehended that Telangana would become a Colony. It has come true, beyond doubt. The solution lies only in Separate Telangana. Meanwhile, since there is a limited possibility of implementing 610 and Girglani Commission recommendations, with retrospective effect since 1975, it is better we fight, now politically and legally for the revival of Mulki Rules and Telangana Regional Committee, before the Telangana State is formed.
Re-constitution of Telangana Regional Committee
In accordance with Gentlemen’s Agreement, Regional Council for Telangana was to be constituted. The Presidential Order fewer than 371 (1) constituted AP Regional Committee Order, 1958 was issued in February 1, 1958----Word Telangana was omitted, and Council has been changed to Committee-----
It was given wide powers on subjects like local self Government, public health, primary and secondary education, regulation of admissions in Telangana educational institutions, prohibition of liquors, sale of agricultural lands, Cottage and small scale industries, agriculture, markets, development and economic planning. All the legislators, and MPs were members of this committee, the Chairman was given Cabinet Rank.
Section ( 7 ) dealing with the powers of the Committee provides : “ The Regional Committee shall have power to consider and pass resolutions recommending to the state Government any legislative or executive action with respect to any scheduled matters-------“ Even the superfluous powers of recommendations, were not respected by the Government.---It must be said to the credit of the Telangana Regional Committee that it made volumes of reports on Telangana problems. TRC has used its powers to report, but it has no powers to implement and administer.
Even though, it was not that effective in its functioning, its reports, and publications helped to a large extent the general public and the academics. Similar Boards were established for Vidarbha, Saurashtra, Punjab etc.. The Andhra leadership, was sore about it, and was abolished under Six-Point Formula. If not for any thing, the large scale selling of Agricultural lands in Telangana, in General and around twin cities in particular would have been under check. According to one report, the Regional Committees functioned only in AP, and Punjab. The failure of the Committee resulted in the division of state into Punjab and Haryana, now the abolition of Regional Committee in AP, also should lead to the creation of Telangana state. Till such time the separate State is formed, the political leadership of Telangana, irrespective of political affiliations, should strive for the re-constitution of Telangana Regional Committee, at the earliest.
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