What Is Article 131 Of Constitution? [Explainer]

Article 131 of the Constitution, a rarely used provision, was in the news last week with two unusual suits filed by the Governments of Kerala and Chhattisgarh, challenging two central legislations.The State of Kerala challenged the Citizens Amendment Act (CAA) by invoking the Original jurisdiction mentioned under Article 131 of the Constitution. The State of Chhattisgarh filed a suit the next against NIA Act. These respective progresses happened in the Supreme Court cannot be dubbed as an unprecedented event. In severalother instances multiple states had invoked Article 131 in challenging a Central statute. But it is equally notable that the number of suits Under Article 131 in comparison with the utilisation of other Constitutional remedies are much lesser in number. According to Durga Das Basu, an eminent jurist, the central reason for this imbalance is the excessive dependence of the states upon the Union. He further adds that , "Whatever disputes that may have arisen directly between the Union and the States must have been settled by negotiation and agreement. Even in matters arising between two states , the advice and intervention of the Union usually settle the difference. " THE CRUX AND CONTENT OF ART 131 The very subject nature of the Article 131 is itself an Original and exclusive jurisdiction of the Supreme Court. Here, the eminence of the words 'Original' and 'Exclusive' is very much significant to note. It means that Court has the power and authority to address, hear and rule a decision in the initial instance. The exclusivity factor of the jurisdiction provides an exceptional and particular power to the Court to hear and decide the matter than any other Courts. The construction of the provision laid under Article 131 is provided below as: 131. Original Jurisdiction of the Supreme Court.- Subject to the Provisions of this Constitution, the Supreme Court shall, to the exclusion of any other Court, have original Jurisdiction in any dispute- (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: [Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagement, sanad or other similar instrument which , having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute.] Apart from Article 131, through the Constitution (Forty- second Amendment) Act of 1976 a definite provision ,i.e., 131-A ,to deal with the Exclusive Jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central Laws was inserted. But the same was later repealed by the Constitution (Forty-third Amendment) Act , 1977. The wisdom and rationale behind the creation of Article 131 is deeply rooted in the credible anticipation that being a country which is governed by a constitution constructed on a federal or a quasi- federal governance structure, the risk of a dispute between the Central Government and one or multiple states, or between two or more states is prophetic in nature. In the actuality of such a scenario, the character and capacity of the forum that decides the dispute must be foremost and well defined. According to the framers of the Constitution, the Supreme Court being the towering judicial institution of the country, will serve the said purpose. For the exercise of the original jurisdiction under Article 131, there must be certain requisites and condition need to be satisfied. If a private nidividual is bringing up a case against the Government of India, the appropriate forum to approach in the first instance is the court under the local limits. And the same party can approach the Apex Court in the form of an appeal, if it satisfies the conditions laid under the respective law. The land mark observation made in the case between the State of Bihar and the Union of India (1970) 1 SCC 67 justifies the same proposition. The Court observed that the dispute between the State of Bihar and the Hindusthan Steel Limited, a company registered under the Companies Act of 1956 never attracts the Original Jurisdiction under Article 131. The Court's reasoning was that, the party Hindusthan Steel Limited can never be considered as a 'state'. One of the indispensable requirement needed for the invoking of Article 131 is that, there must be an Inter-state dispute. And the category of the dispute as laid under Article 131 is that, the dispute must be between the Government ...

What Is Article 131 Of Constitution? [Explainer]

Viswajith Anand

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What Is Article 131 Of Constitution? [Explainer]

Viswajith Anand

This is a premium content Available exclusively to Our subscribers

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