Previous Year Question
Which of the following are included in the original jurisdiction of the Supreme Court?
A dispute between the Government of India and one or more States.
A dispute regarding elections to either House of Parliament or that of the Legislature of a State.
A dispute between the Government of India and a Union Territory.
A dispute between two or more States.
Select the correct answer using the codes given below.
1 and 2
2 and 3
1 and 4
3 and 4
Correct Answer: C
Detailed Solution
Statement 1 is correct
Under Article 131(a), a dispute between the Government of India and one or more States falls within the original jurisdiction of the Supreme Court.
The dispute must involve a question of law or fact on which the existence or extent of a legal right depends.
Statement 2 is incorrect
Disputes concerning elections to Parliament or a State Legislature are not covered by the original jurisdiction under Article 131.
Under the Representation of the People Act, 1951:
An election can be challenged only through an election petition.
Election petitions relating to the Lok Sabha, Rajya Sabha, Legislative Assembly or Legislative Council are tried by the concerned High Court.
An appeal may lie to the Supreme Court against the High Court’s decision, but such a dispute does not originate directly in the Supreme Court under Article 131.
This must be distinguished from disputes concerning the election of the President or Vice-President. Under Article 71, such disputes are decided by the Supreme Court.
Statement 3 is incorrect
Article 131 specifically refers to disputes involving the “Government of India” and a “State”. A Union Territory is not treated as a State party for the purposes of this Article.
A Union Territory is administered by the President through an Administrator under Article 239. Therefore, a dispute between the Government of India and a Union Territory is not included within the Union-State disputes specified in Article 131.
Statement 4 is correct
Under Article 131(c), a dispute between two or more States falls within the original jurisdiction of the Supreme Court if it involves a question concerning the existence or extent of a legal right.
Complete scheme under Article 131
The Supreme Court possesses exclusive original jurisdiction in disputes:
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.
However, under Article 262, Parliament may exclude the jurisdiction of courts over disputes concerning the waters of inter-State rivers.