Constitutionalizing the capital(s) of Andhra Pradesh in Rajadhani Rythu Parirakshana Samithi v State of Andhra Pradesh : implications for Indian federalism

In Rajadhani Rythu Parirakshana Samithi v State of Andhra Pradesh, a three-judge bench of the Andhra Pradesh High Court held that the newly formed State of Andhra Pradesh lacked the legislative competence to determine the location of its capital. This case note critiques the judgement on three grounds. First, at a preliminary level, it argues that the issue fell outside the scope of judicial review, as the impugned legislation had already been repealed. It also argues that the Court erred in its interpretation of the Andhra Pradesh Reorganization Act 2014. Second, it critiques the Court’s unconstitutionally broad reading of “supplemental, incidental, and consequential” provisions under Article 4 of the Constitution of India 1950. Finally, it argues that states have a constitutional power to determine the location of their capital, and constraining the exercise of such a power by a reorganization law amounts to unconstitutionally altering the character of the state.