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 Art. 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 , who 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withdrawn.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 become 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, 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: n
States Reorganisation Act ,
1956 Articles 3, 4 n
Constitutional Provisions : 35 ( a ), (b ),
13, 14, 16(3), 371,372 n
HEH the Nizam’s Firman Dated 25th Ramzan 1337 H .Mulki Rules were in force in 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 Background
To Introduction/Continuation of Mulki Rules The supreme court extensively quoted from earlier judgment
in justification for Mulki
Rules œ
Due to political and
historical reasons, œ
There were very few
opportunities to enter public service in competition with others from
outside the state. œ
Urdu which was not the
language of 90% of the people was the official language of
Administration. œ
SRC suggested the
continuance of the Telangana region as a separate
state. œ
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. œ
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 chequerred
history. In the present context, it is necessary to understand the
origin: n
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 n
The State of Hyderabad was
then a native n
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
Clause 6 of
Rules: 1)
A person shall be called a
Mulki if---- a)
by birth he is a subject
of the b)
by residence in the c)
his father having
completed 15 years of Service was in the Government Service at the time of
his birth , or d)
she is a wife of a person who
is a Mulki. 3)
A person shall be called a
Mulki who was a permanent resident of the
7)
Presribes 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 he residing, prior to his residing in the
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
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.” .—( 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
forceon 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 Judgement 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 Reorganisation 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)
( Six Point
Formula Evolved on 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: 1.
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. 2.
In educational
institutions in the State, to give preference to local candidates a state
level policy should be evolved.. In the capital
city of 3.
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. 4.
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 5.
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. 6.
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 n
The thirty-second
Amendment Act omits clause (1) of Art.371 and makes special provision with
respect to the State of n
371-D Special
Provisions with respect to the State of (Popularly known as the Presidential Order, 1975
developed from these provisions) 1.
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. 2.
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------) n
371-E Establishment
of 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 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 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 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. n
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 ·
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 Andhras, 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 Telagana Regional Committee, before
the Re-constitution of Telangana Regional
Committee In accordance
with Gentleme’s Agreement, Regional Council for
Telangana, was to be constituted. The
Presidential Order under 371 (1 ) constituted AP
Regional Committee Order, 1958 was issued in 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 withrespect 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 Documented and interpreted by Prof. S. Sreedhara Swamy 102, Jaya Nivas, Vikasnagar Colony, Dilsuknagar, Hyderabad-60, AP,
040-24040410, 9391036502
Mulki
Rules Held Valid By the Supreme Court, October
1972
Essence of the
Judgment