Courts cannot pre-empt or direct as policy-making is within the legislature, says YS Jagan

Amaravati: Reaffirming the government’s commitment to decentralized development, Chief Minister YS Jagan Mohan Reddy resolutely stated that decision on capitals is our right and responsibility while policy making is the domain of the legislature.

Concluding the discussion of legislative jurisdiction here on Thursday, the Chief Minister said the courts cannot preempt or order not to make policy with presumptions and impose impossible conditions setting deadlines that cannot be met.

“The laws we make are subject to public scrutiny every five years, which is the very reason why the previous dispensation was voted down and the people gave us an overwhelming mandate with 151 of the 175 seats in the House and the courts should not enter our domain of making laws and I say this with the utmost respect for the judiciary and for setting the record straight for future generations. The impossible timetable set by the courts, such as setting setting up basic amenities in a month and other infrastructure in the area in six months, is impossible. The 29 villages form a minor fraction of the total state. We are exploring legal options on the matter,” he said. -he declares.

We are committed to the decentralization of development and at the same time we will safeguard the interests of farmers in the region who donated land. We have seen the Telangana turmoil in two phases and the report of the Sivaramakrishnan committee categorically favors decentralized development, he said.

The recent verdict of the PA High Court appears to be an intrusion into legislative terrain, although our Constitution has defined the framework of the three pillars of executive, legislative and judiciary. We felt that the lines had been crossed and so we resumed the discussion in the House.

The Court also said that the State has no rights over the decentralization of development and the capital, the bifurcation of the trifurcation, but falls under the jurisdiction of the Center. The Centre, on the contrary, declared under oath that capital is a subject of state and also responded to a question posed by a member of the TDP in Parliament citing Article 3.

We have no disrespect for the High Court. At the same time, we must respect the Assembly and preserve its decorum as well. The legislature has been around for a long time. We came here with a warrant. If we cannot question, there will be no meaning in the legislature. Who will make the laws, the legislature or the judiciary will remain a question mark if not debated, he said.

If we are told that we cannot even adopt a resolution on the decentralization of development, the line is crossed. The judgment also setting a timetable for the development of infrastructure and basic equipment is impossible to execute. The Supreme Court has told the High Courts not to give orders that cannot be enforced.

The master plan is for 25 years and for review every five years. Six years ago, the estimate for basic infrastructure in 54,000 acres was set at Rs 1.09 lakh crores and now it has had to increase several times. Between 2016 and 2019, Rs 5,000 crore has been spent and the government cannot spend more than that. The Capital Region is only a fraction of the rest of the state. Our agenda is global development, he said.

No court can impose impossible conditions and we are exploring legal options and seeking alternative measures, he said.

Despite the obstacles, we will pursue our decentralized development agenda and we will not back down. We have no choice but to move forward as decentralization is our policy and our decision on the capitals in our right and our responsibility, he said.