Exploring Article 131 of the Indian Constitution

Introduction:

• Recently, the Supreme Court of India emphasized the importance of Article 131 of the Constitution in a case involving the Kerala Government’s suit and the Centre’s insistence on its withdrawal for additional borrowing consent.

Original Jurisdiction of the Supreme Court:

• Article 131 grants the Supreme Court exclusive original jurisdiction over disputes between states or between states and the Union. This jurisdiction allows the court to hear and decide on such matters initially.

Key Provisions of Article 131:

• The article specifies that the Supreme Court’s original jurisdiction extends to disputes:
• Between the Government of India and one or more states,
• Between the Government of India and state(s) against other states, or
• Between two or more states, provided the dispute involves legal questions determining the extent of a legal right.

Scope and Limitations:

• While Article 131 addresses legal disputes, it does not cover political matters unless legal rights are at stake. The Supreme Court clarified that ‘State’ under this article excludes private entities or government departments, even if they’re involved in complaints with state governments.

Exceptions and Restrictions:

• However, Article 131 has limitations and exceptions:
• It doesn’t cover disputes arising from pre-constitution treaties or agreements.
• Parliament can exclude the court’s jurisdiction over disputes related to interstate river water use.
• Private individuals can’t sue the Government of India under this provision.

Conclusion:

• In essence, Article 131 of the Indian Constitution empowers the Supreme Court with exclusive original jurisdiction over specific types of disputes, ensuring legal redressal between states and the Union.