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there is no Provision anywhere, in Constitutional amendments that the Telangana Regional Committee is abolished or is withdrawn.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, 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:

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

 

 

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

 

œ  Due to political and historical reasons, Hyderabad state remained isolated. There were no adequate educational facilities.

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 Indian State, which had not acceded to the Dominion of India after the Indian Independence Act, 1947.

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 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:

1)   A person shall be called a Mulki if----

a)   by birth he is a subject of the Hyderabad State, or

b)    by  residence in the Hyderabad State, be entitled to be a Mulki, or

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 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.

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 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 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)                    ( Para 17 of the Judgement)

 

 

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:

 

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 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.

 

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 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.

 

n  371-D Special Provisions with respect to the State of Andhra pradesh.

(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 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 a 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 inconsitencies and fallcies, 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 children 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.

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 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 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 Telangana State is formed.

 

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 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 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 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.

 

Documented and interpreted by

Prof. S. Sreedhara Swamy

+919985764047

swamysridasyam@yahoo.com

swamysreedhar@yahoo.com