Q: Explain the parties to the suit under Article 131 of Constitution of India?

Ans: Article 131 of the Indian Constitution provides that the Supreme Court has original jurisdiction in any dispute in following matters: 

I. Between the Government of India and one or more States; or

II. Between the Government of India and any State; or States on one side and one or more other States on the other; or

III. Between two or more States

The Supreme Court does not have the jurisdiction in dispute arising out of any treaty, agreement, covenant, engagement, sanad or other similar

instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such

commencement, or which provides that the said jurisdiction shall not extend to such a dispute (e.g. Water Dispute).

The framers of the Constitution intended that only the constituent units of the Union of India and the Government of India and / or one or more States can be parties to the Court in matters pertaining to Article 131. However, the term State does not imply a public sector undertaking for the purposes of this Article, notwithstanding that it will still be a State for the purposes of Part lII and Part IV of the Constitution of India.

Therefore, only States or Union Government can invoke this jurisdiction. No private party has the locus to invoke the jurisdiction of the Supreme Court under Article 131 of the Constitution. This is one of the most important features of Article 131.

The procedure to move the Supreme Court under Article 131 is provided under Order XXV to XXXVII of the Supreme Court Rules, 2013.

x

Comments

Post a Comment

Popular posts from this blog

Q: Explain about Article 144 of Indian Constitution ?

Ans: Article 144 of the Indian Constitution is part of Chapter IV of the Union Judiciary. Article 144 of the  Indian Constitution discusses the civil and judicial authorities’ obligations to assist the Supreme Court. In Indian territory, all authorities, civil and judicial, have been directed to act in support of the Supreme Court.
Read more

Q: What is the prescribed court fee of Supreme Court on following matters ?

Ans:  Summons or notice to defendent or his representatives or a respondent to a petition or to a memorandum of appeal,  for each person  - the court fee is Rs 10. Entering appearance (memo of appearance) - Rs 5. Vakalatnama - Rs 10. Filing fee for every document for which a fee is not specially provided, including documents annexed thereto as exhibits,  if any , or produced with plaint for use in evidence,  each document. : The court fee is Rs 2. Every application to the court not specially provided for: Rs 100. Every application to the court by notice of motion where an ad interim ex-parte order is prayed for- Rs 200. Warrant Writ, Summons or other process not specially provided for each person- Rs 10.
Read more