Previous Year Question
The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its:
advisory jurisdiction
appellate jurisdiction
original jurisdiction
writ jurisdiction
Correct Answer: C
Detailed Solution
The Supreme Court’s power to decide specified federal disputes between the Union and the States falls within its original jurisdiction under Article 131.
“Original jurisdiction” means that the dispute begins directly in the Supreme Court rather than reaching it as an appeal from a subordinate court.
Scope of Article 131
Subject to the provisions of the Constitution, the Supreme Court has original jurisdiction, to the exclusion of every other court, in a dispute:
Between the Government of India and one or more States;
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.
Article 131 applies only if the dispute involves a question of law or fact on which the existence or extent of a legal right depends. A merely political disagreement or policy difference is insufficient.
Why is it exclusive jurisdiction?
The expression “to the exclusion of any other court” means that a federal dispute covered by Article 131 is heard directly and exclusively by the Supreme Court.
Examination of the other options
Advisory jurisdiction: Under Article 143, the President may seek the Supreme Court’s opinion on a question of law or fact of public importance.
Appellate jurisdiction: Under Articles 132 to 136, the Supreme Court hears constitutional, civil and criminal appeals from High Courts.
Writ jurisdiction: Under Article 32, the Supreme Court issues writs for enforcement of Fundamental Rights.
Original jurisdiction: Under Article 131, specified disputes between federal parties originate directly in the Supreme Court.
An important jurisdictional exception
Article 262 empowers Parliament to enact a law for adjudicating disputes concerning the waters of an inter-State river or river valley and to exclude the jurisdiction of all courts, including the Supreme Court, over such disputes.
Therefore, disputes between the Union and the States covered by Article 131 fall within the Supreme Court’s original jurisdiction.