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ORIGINAL JURISDICTION OF THE SUPREME COURT, ARTICLE 131

  Dec 30, 2020

ORIGINAL JURISDICTION OF THE SUPREME COURT, ARTICLE 131

Q. What is Article 131 or Original jurisdiction?

The Supreme Court possesses Original jurisdiction enshrined in Article 131 of Constitution  to decide the disputes arising between different units of the Indian Federation like:

(a) between the Government of India and one or more States; or

(b) between the Government of India and any State or States on one side and one or more other States on the other; or

(c) between two or more States, if and in so far as the dispute involves any question 

(whether of law or fact) on which the existence or extent of a legal right depends

  1. The dispute must involve a question of law or fact on which the existence/extent of a legal right depends. Thus, the questions of political nature are excluded from it.
  2. Any suit brought before the Supreme Court by a private citizen against the Centre or a state cannot be entertained under this article.

Article 131, therefore, allows a state to file a suit in the Supreme Court in case of any dispute that it may have with the central government, invoking the court’s “original jurisdiction”.

Q. What are the issues in Article 131? 

Q. What are the two issues that are very relevant when we talk about Article 131?

1. Can the states file an original suit under Article 131?

2. Can the Supreme Court test the validity of a central law under Article 131?