A bench noted that there were many senior advocates to argue in the case and they would require time to advance their arguments.
Andhra Pradesh High Court. (Creative Commons)
The Supreme Court on Tuesday, 28 March, posted for 11 July, the hearing on the Andhra Pradesh government’s challenge to the state high court’s judgement against setting up three capitals to house government, legislature and the high court respectively.
The high court by its 3 March, 2022, judgement had held Amaravati as the only capital of Andhra Pradesh.
A bench of Justice KM Joseph and Justice BV Nagarathna posted the matter for 11 July noting there are many senior advocates to argue in the case and they would require time to advance their arguments.
The bench also said the court will be left with no time to write the judgement as it will have its summer vacation from 21 May to 2 July and Justice Joseph would be retiring on 16 June, 2023.
The retirement of Justice Joseph would require the setting up of a new bench to hear the matter.
A battery of senior lawyers including Fali Nariman, KK Venugopal, CS Vaidyanathan, Shyam Divan and others are appearing for different parties.
Even as the court flagged the paucity of time to hear the matter, Venugopal told the bench that the law that was enacted for the creation of three capital has been withdrawn and all that remains to be argued is the impact of the high court judgment on the principle of separation of powers and the functioning of the state government.
Venugopal — a former attorney general — told the apex court that the high court judgement has not stayed and there can be a hearing on this limited aspect.
He said that most of the things that are left now are of academic interest.
He added that such a judgement impacting the principle of separation of powers between the executive legislature and the judiciary should not get repeated.
The Andhra Pradesh government along with others have challenged the judgement of the state high court on the proposed three capitals case and had sought a stay on the high court verdict.
The YSR Congress Party-led government had moved the top court on 17 September, 2022, against the high court’s 3 March, 2022, judgement that upheld Amaravati as the only capital of Andhra Pradesh.
The Andhra Pradesh government has contended that the high court’s judgment is an encroachment into the powers of the executive and the legislature.
The Supreme Court in November 2022, had stayed the high court’s directions asking the state government to develop Amaravati’s capital city and capital region within 6 months.
While staying the high court order, the bench of Justice Joseph and Justice Nagarathna had said, “Courts cannot become a town planner and chief engineer”.
The top court found the directions issued by the high court overstepped the “separation of power” principle.
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