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Zorluk: OrtaIndian Judiciary: Supreme Court, High Courts, Judicial Review, and PIL

Consider the following statements regarding the Original Jurisdiction of the Supreme Court of India under Article 131 of the Constitution:

1. Disputes arising out of any pre-Constitution treaty, agreement, or covenant fall under the exclusive original jurisdiction of the Supreme Court under Article 131.
2. A legal dispute between the Government of India and one or more States falls within the exclusive original jurisdiction of the Supreme Court.
3. The original jurisdiction under Article 131 does not extend to a dispute brought by a private citizen against the Union Government or a State Government.

Which of the statements given above are correct?

  1. 2 and 3 onlyCevap
  2. B
    1 and 2 only
  3. C
    1 and 3 only
  4. D
    1, 2 and 3

Cevap

Statements 2 and 3 only are correct.
The option specifying '2 and 3 only' is correct. Under Article 131 of the Constitution of India, the Supreme Court has exclusive original jurisdiction in any dispute between the Government of India and one or more States, or between States inter se, provided the dispute involves any question of law or fact on which the existence or extent of a legal right depends. This jurisdiction does not extend to private individuals or statutory entities. Furthermore, the proviso to Article 131 explicitly excludes disputes arising out of any pre-Constitution treaty, agreement, covenant, or similar instrument.

Adım Adım Çözüm

1
Analyze Statement 1 regarding pre-Constitution treaties.
Statement 1 is incorrect because the proviso to Article 131 explicitly excludes disputes arising out of any pre-Constitution treaty, agreement, covenant, engagement, or sanad from the original jurisdiction of the Supreme Court.
Constitutional provisos place explicit exceptions on judicial jurisdiction.
2
Analyze Statement 2 regarding inter-governmental federal disputes.
Statement 2 is correct because Article 131 vests exclusive original jurisdiction in the Supreme Court for legal disputes between the Centre and one or more States, or between two or more States.
The Supreme Court acts as a federal court deciding disputes between constitutional units of the Indian federation.
3
Analyze Statement 3 regarding standing (locus standi) under Article 131.
Statement 3 is correct because Article 131 is strictly restricted to units of the federation (Union and States). Suits filed by private individuals, public sector undertakings, or statutory bodies against a government do not fall under Article 131.
Private entities must seek remedies under Article 32 or Article 226 rather than Article 131.

Anahtar Kavram

Original Jurisdiction of the Supreme Court (Article 131)
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Indian Judiciary: Supreme Court, High Courts, Judicial Review, and PIL

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