Q: Explain the limitation under Article 131 of Constitution of India ?

Ans: However, Article 131 is subjected to the provisions of the Constitution. Article 262 enables the Parliament to make law for adjudication of disputes or complaints with respect to use, distribution or controls of water of, or in, any inter-state river or river valley. Further, the article also authorises the Parliament to provide by law excluding the jurisdiction of Supreme Court or any other Court in respect of a dispute or complaint as is referred to in Article 262 (1).Therefore, instances wherein the Parliament has enacted a law in accordance with Article 262 cannot be contested before the Supreme Court of India.

Article 131 of the Indian Constitution is subjected to two types of limitations. The first limitation is in regards with the parties and the second limitation is in regards with the subject matter. As mentioned earlier, only disputes wherein the parties concerned are Government of India and / or one or more States. The second limitation flows from the language of the article, and indicates that the dispute concerned must involve a legal right of the State and not political interests of the State Government.

Hon'ble Supreme Court has held that under Article 131, the only order which the Supreme Court could make was a declaration adjudicating on the legal right discussed in the matter concerned.

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