I am writing this letter with grave concern on a most important constitutional issue of our federal structure.
I am greatly disturbed receiving a letter from the Ministry of Home Affairs on August 8, which prescribes certain intrusive norms to be followed by the State government regarding the powers and functioning of the Governor under the AP State Reorganisation Act.
These norms go to the extent of asking the State government to follow certain procedure even in the posting of Station House Officers and ACPs and DCPs in Hyderabad.
You may kindly appreciate that as per the Constitution, the Governor has to function on the advice of the Council of the Ministers of the State.
In the same way Section 8(3) of the AP Reorganisation Act, 2014 clearly mentions that in the discharge of his functions, the Governor shall, after consulting the Council of Ministers of the State of Telangana, exercise his individual judgement as to the action to be taken.
There it is clear that neither the State Reorganisation Act nor the Constitution provides for any administrative mechanism other than the Council of Ministers of Telangana to advice the Governor.
In these matters, the Governor has to obtain information or advice only from the Council of Ministers and none else.
Any attempt to micro-manage the administration through Governor, bypassing the Council of Ministers of Telangana is a direct affront to the federal polity of our country.
I am enclosing herewith a copy of the letter received by my Government from the Ministry of Home Affairs. I am sure that this communication has been sent by the Home Ministry without your approval and therefore, appeal to you to look into the matter and order that these instructions be rescinded forthwith in accordance with the democratic traditions and conventions of our federal structure.
Source: The New Indian Express