Art.131 enables the Supreme Court to take up disputes among the federal units- Union and State governments. Give some examples of such cases and offer reasons for the same.

By Srirangam Sriram, Sriram's IAS, New Delhi.

Under Article 131 of the Constitution, the Supreme Court has original jurisdiction to deal with any dispute between the Centre and a state; the Centre and a state on one side and another state on the other side; and two or more states. The dispute need not be relevant to federalism and division of powers. It can relate to any question of law. Following two examples will throw further light on the subject.

Recently, Chhattisgarh government filed a suit in the Supreme Court under Article 131, challenging the National Investigation Agency (NIA) Act on the ground that it encroaches upon the state’s powers to maintain law and order.

Kerala challenged the Citizenship (Amendment) Act (CAA) 2019 before the Supreme Court for violation of Fundamental Rights. An individual can use Art.32 for restoration of FRs but a state or centre can take recourse to only Art.131.

Centre also can take a state to the apex court but it prefers to give directions and achieve the desired results.

Published date : 18 Nov 2020 01:28PM