What Is Article 131 Of Constitution? [Explainer]
Live LawArticle 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. 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- between the Government of India and one or more states; or between the Government of India and any State or States on one side and one or more other States on the other; or between two or more States, If and in so far as the dispute involves any question on which the existence or extent of a legal right depends: Apart from Article 131, through the Constitution 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. 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 in that decision clarified the actual substance of Article 131, "the dispute between the Government of India and one or more states". If this was permitted under the Constitution, The Union and the States which have any dispute between them inter se would enact law enabling its claim or right against the other and that would lead to contradictory and irreconcilable laws.The Constitution makers in order to obviate any likelihood of contradiction and irreconcilable law being enacted has provided for independent adjudication of federal disputes, Article 131 of the Constitution confers original jurisdiction upon this Court in relation to the disputes."