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Article 131 indian constitution The courts protect the fundamental rights of all citizens, and any violation of these rights may be brought immediately to the High Court of that particular stat Article 131 is a significant provision in the Indian Constitution that empowers the Supreme Court with original jurisdiction. ವಿಧಿಗಳು, 8 ಅನುಸೂಚಿಗಳು, 22 ಭಾಗಗಳು, PDF, ಭಾರತೀಯ ಸಂವಿಧಾನದ ಪ್ರಮುಖ ವಿಧಿಗಳು , ಸಂವಿಧಾನದ ವಿಧಿಗಳು pdf, ಪ್ರಸ್ತುತ ಸಂವಿಧಾನದ ವಿಧಿಗಳು, indian constitution articles in kannada pdf The Kerala government has filed an original suit under Article 131 of the Constitution, which gives the Supreme Court the exclusive original jurisdiction to resolve the dispute. Original jurisdiction refers to the authority of a court to hear a case for the first time, without it being appealed from a Article 131 of the Indian Constitution. Review of judgments or orders passed by the Supreme The Kerala government has filed an original suit under Article 131 of the Constitution, which gives the Supreme Court the exclusive original jurisdiction to resolve the dispute. List of the Constitution, i. Constitution Of India; New Criminal Laws Menu Toggle. Article 131 - Original jurisdiction of the Supreme Court Context - Kerala moved to the Supreme Court challenging the Citizenship (Amendment) Act, 2019 - CAA, 2019. As the highest judicial entity, the Part XI (Articles 245-263) of the Indian Constitution consists of articles that describes the legislative, administrative, and financial relations between the Union and the States. Proviso. —Arts. These matters are enumerated in the 3 lists of Article 131 of the Indian Constitution grants the Supreme Court the exclusive original jurisdiction to resolve disputes between the different units of the Indian Federation such as between the Centre and one or more states, or Links are given against each Part to understand the purpose and background of each article of the Constitution of India. In this Part, unless the context otherwise required, “the State” includes the Governmental and Parliament of India and the Government and the Legislature of each of the States and all local or other 3 Constitution of India, 1950, Article 262. 3 Earlier proviso It may be mentioned that article 131, proviso, before its amendment in 1956, read as under :- ARTICLE 131 OF THE CONSTITUTION OF INDIA. The article gives an overview of Article 36 of the Indian Constitution. 4 (w. ] 132. Kerala claims that the Act is violative of the Doctrine of Basic Structure-as it is against the principle of equality, freedom, and secularism which forms part of the basic Article 133 of Indian Constitution: Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters. (2) Nothing in clause Introduction: Recently, the Supreme Court of India emphasized the importance of Article 131 of the Constitution in a case involving the Kerala Government's suit and the Centre's insistence on its withdrawal for additional borrowing consent. in to the share of water and generation of power from the use of water in inter-State rivers and this Court has no jurisdiction under Article 131 of the Constitution to decide the dispute. Constitution of India Article 131 in Hindi: भारतीय संविधान अनुच्छेद 131 की पूरा विवरण प्राप्त करें| भारत का संविधान, भारत का सर्वोच्च विधान है जो संविधान सभा द्वारा 26 नवम्बर 1949 को Actual Article Article 131: Original jurisdiction of the Supreme Court Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute: If and in so far as the dispute involves any question (whether of law or fact) on which the existence or Read More »Article 131 of the Indian Constitution: Article 131 of the Indian Constitution serves as a crucial safeguard in maintaining the balance of power between states and the centre. Article 78 – Duties of Prime Minister as respects the furnishing of THE CONSTITUTION OF INDIA [As on 9th December, 2020] 2020 GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE LEGISLATIVE DEPARTMENT. See also, a recent Supreme Court judgment concerning the Goods and Service Tax Council’s role as a forum for federal negotiation; Union of India Article 143 of Indian Constitution | Article 143 of Indian Constitution. The scope of Article 131 and 131A of Indian Constitution is restricted to issues affecting legal rights as stated in the Article itself and is subject to Constitutional restrictions. However, it is clear that the jurisdiction is very broad as long as the disagreement is justifiable. Case Description. The judgment, while upholding ability of states to challenge Centre under Article 131, had then said: Article 131 can be invoked whenever a State and other States or the Union differ on a question of interpretation of the Constitution so that a The Supreme Court of India was given Advisory Jurisdiction under Article 143 of the Indian Constitution. 2 If the above connotation is carried to 1. They sought that it be Article 131 provides for the original jurisdiction of the Supreme Court and has a rich constitutional history. Skip to content. When we look beyond this, we [Cites 0, Cited by 13] [Article 131] [Constitution] Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query ( Query Alert Service ). Certificate for appeal to the Supreme Court Every High Court, passing or making a judgment, decree, final order, or sentence, referred to in clause (1) of article 132 or clause (1) of article 133, or clause (1) of article 134-may, if it deems fit so to do, on its own motion; and shall, if an oral application is made, by or on Article 12: Definition. 3. Article 131 of The Indian Constitution. xyz/CLAT-EngIn addition to the CLAT preparation, we're pleased to offer our comprehen 2. These included Amendment Act No. Article 131 of the Constitution states - “1) Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute- (a) Between the Government of India and one or more Slates (b) between the Government of India and any State or States on one Article 131 of Indian Constitution. The suit has been filed under Article 131 of the Constitution. (b) between the About Article 131 of the Indian Constitution. (b) between the Government of India and any State or States on one side and one or more other States on the other; or. Chapter IV of Part V of the Constitution of India, titled “The Union Judiciary,” contains the functions, jurisdiction, and powers of the Supreme Court of India. Admittedly, the group of villages is located within the Introduction Article 131 of the Indian Constitution empowers the Supreme Court of India to adjudicate disputes between the Centre and a State, or between States, involving questions of law or fact. Bharatiya Nyaya Sanhita; The President may, notwithstanding anything in 2 *** the proviso to article 131, refer a dispute of the kind mentioned in the 3 [said proviso] In the Indian polity and constitutional setup such a role of arbiter is exclusively entrusted on the Supreme Court of India (“SCI”) under Article 131 of the Constitution of India, 1950 सहकारी (कॉपरेटिव) संघवाद (फेडरलिज्म) को लागू करने में अनुच्छेद 131 की कई भूमिकाएँ हैं। सबसे पहला कारण यह है कि यह संघीय (फैडरल) राज्यों के बीच विवादों और Article 124 of Indian Constitution: THE UNION JUDICIARY – Establishment and constitution of Supreme Court. 2 Parties (article 131) Article 131 of the Constitution does not apply, if the other party is a public sector corporation. Article 131 of the Constitution of India gives original jurisdiction to the Hon'ble, Supreme Court in any dispute between the Government of India and one or more States etc. Article 131 of the Indian constitution states the original jurisdiction of Supreme Court, critically examining the expression “original jurisdiction of Supreme Court” in the article, a court is said to have an original (2) The President may, notwithstanding anything in 2 *** the proviso to article 131, refer a dispute of the kind mentioned in the 3 [said proviso] to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon. For example, in cases of water disputes between two or more states, the remedy to such conflicts is entertained under Article 262 of the Constitution and not under Article 131. When a dispute happens, the effects can be big. One member proposed to amend the language of the Draft Article so that the Supreme Constitution Article Article 135 in Constitution of India the Supreme Court shall also have jurisdiction and powers with respect to any matter to which the provisions of article 133 or article 134 do not apply if jurisdiction and powers in relation to that matter were exercisable by the Federal Court immediately before the commencement This amendment modified Article 133 of the Constitution and enabled the Law Commission of India to implement the suggestions provided in its 44th and 45th reports on civil appeals to the Supreme Court regarding certificates of fitness. Special leave to appeal by the Supreme Court (1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India. 6 Constitution of India 1950, Article 279A. Fundamental Rights in Part III. One such issue arose in the following case between the state of In conclusion, Articles 74-78 of the Indian Constitution serve as pillars of the nation’s governance structure, guiding the functioning of its executive branch. The Governor of a State shall be elected by direct vote of all persons who have the right to vote at a general election for the Legislative Assembly of the State. Original jurisdiction refers to the authority of a court to hear a case for the first time, Article 131A of The Indian Constitution. Laws involved in State of Karnataka vs. Rep. Original jurisdiction of the Supreme Court Article 131 of the Constitution of India - "Original jurisdiction of the Supreme Court" Article 131 - Original jurisdiction of the Supreme CourtSubject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute—(a) between the Government of India and one or more What is Article 131 Indian Constitution? Article 131 gives both the Governments a forum to fight on legal issues and not on mere political issues. According to Article 131, the SC has exclusive and original jurisdiction over legal issues originating between states or between states and the union. The Governor Article 130 Indian Constitution 1949. The recent case of State of West Bengal v. ”52. Article 131 of the Indian Constitution is a unique provision which permits the Supreme Court exclusive Constitution Article Article 138 in Constitution of India 138. —The Union and its territory. Review of judgments or orders by the Supreme Court Subject to the provisions of any law made by Parliament or any rules made under article 145, the Supreme Court shall have power to review any But, article 131 of the Indian Constitution allows for the Supreme Court’s intervention in the cases that arises between states and between centre and states. By way of the 44th amendment of the Constitution, Article 134A was added. The Chairman of the Drafting Committee moved an amendment to insert the following: ‘112-A. g. Constitution of India is the supreme law of the country and it lays down the framework demarcating fundamental political code, structure, procedures, powers, and duties of Article 131 Constitution of India. Enlargement of the jurisdiction of the Supreme Court The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer. Article 124 THE UNION JUDICIARY – Constitution Of India (1) There shall be a Supreme Court of India consisting of a Chief Article 114 of The Indian Constitution Article 114 Appropriation Bills – Constitution Of India (1) As soon as may be after the grants under article 113 have been made by the House of the People, there shall be introduced a Bill to provide for the Constitution Article Article 139A in Constitution of India 139A. Part XI and the Seventh Article 131 of the constitution is unique because of the fact that Supreme Court has the power to directly listen to matters between 2 states governments or between the Centre and the state. Article 131: Original Constitution Subarticle Article 131(b) in Constitution of India (b) between the Government of India and any State or States on one side and one or more other States on the other; or between the Government of India and any State or States on one side and Article 131 of the Indian constitution gives exclusive power to the Supreme Court, which means that only the top court has the authority to take up cases firsthand. Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central laws. f. Every High Court, passing or making a judgment, decree, final order, or sentence, referred to in clause (1) of article 132 or clause (1) of article 133, or clause (1) of article 134,— On May 8, the Supreme Court reserved its judgment on the maintainability of a suit filed by the State of West Bengal against the Union of India under Article 131 of the Constitution of India. Seat of Supreme Court. For example, in cases of between two or more states, the remedy to such conflicts is entertained under and not under Article 131. Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute— (a) between the Government of India and one or more States; or (b) between the Government Article 131, Draft Constitution of India 1948. It ensures the protection of fundamental rights, Article 131 of the Constitution, a rarely used provision, was in the news last week with two unusual suits filed by the Governments of Kerala and Chhattisgarh, challenging two central legislations. Articles of Indian Constitution [448 Indian Constitution Articles] Read about 25 parts and 12 schedules in the Indian Constitution. Original jurisdiction of the Supreme Court: Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other Article 131 of the Indian Constitution contemplates rights recognised by law and capable of being enforced by the power of the state but not necessarily in a court of law. Due to some reasons, a person might not be satisfied Content Owned by LEGISLATIVE DEPARTMENT, Ministry of Law and Justice, GOI . Centre-state disputes and Article 131 What to study? For Prelims: All about Article 131 and Supreme Court’s jurisdiction. ) Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters. Article 129 Supreme Court to be a court of record – Constitution Of India. It stated that the Supreme Court’s decisions were binding on all courts in India. e. Its authority ☰ Hello Guest ! Register or Login | ₹ 0. Const, art. Suo Moto in India has guaranteed that equity ought to win in the common just as a criminal issue. Article 131: The original jurisdiction of the Supreme court As a federal court, the Supreme Court has the right to settle the disputes between the different units of the Indian Federation such as: Between the To enrol in Target CLAT 2025 Course, click on the link: https://drishti. Unless the court rules otherwise, the laws of Parliament are Indian Constitution Articles List in Hindi , Indian Samvidhan, List of Articles of Indian Constitution , Important Articles of Indian constitution इस पोस्ट में आपको भारतीय संविधान के सभी महत्वपूर्ण Articles के बारे में बताया गया है ! The President of India has the authority to seek advice from the Supreme Court, as outlined in Article 143 of the Indian Constitution. Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute – (a) between the Topic: Indian Constitution– historical underpinnings, evolution, features, amendments, significant provisions and basic structure. The 28th of January 1950 saw the. — (1)An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, Article 134 Indian Constitution 1949. In Hindi; Articles; Parts. Under such a structure, the chances of having a dispute between the states or between the Source: Supreme Court . Suo Moto in the Indian Constitution been defined by the Constitution. Original Jurisdiction of the Supreme Court: Article 131 grants the Supreme Court exclusive original jurisdiction over disputes Article 132 of Indian Constitution. The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint. It ensures the protection of Article 131: Original jurisdiction of the Supreme Court. in Article 133 of Indian Constitution: Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters. The Supreme Court shall be a court of record and Article 136 Indian Constitution 1949. The language of the proviso to Article 131State of Haryana (Defendant 3), the State of article 368. in The Supreme Court of India plays a very important role in resolving interstate water disputes, primarily guided by Articles 131 and 262 of the Constitution. By LotusArise May 5, 2023 March 5, 2024. of Karnataka 32 the Supreme Court held that the enlarged definition of „State‟ under Article 12 would not extend to Article 131 of the Constitution. However, the relief that the state (under Article 131) and petitioners under Article 32 have sought in the challenge to the CAA is the same — declaration of the law as being unconstitutional. According to Articles 131, As a consequence of this Judgement, the Constitution had to go through a major amendment, ie. THE CONSTITUTION OF INDIA (Part I. 3-4. The plea, filed under Article 131 of the Constitution on disputes between Centre and states, stated that the CAA violates right to equality under Article 14 of the Constitution of India, right to Introduction: Recently, the Supreme Court of India emphasized the importance of Article 131 of the Constitution in a case involving the Kerala Government's suit and the Centre's insistence on its withdrawal for additional borrowing consent. 131 : Subject to the provisions of this Constitution, the Supreme Court shall to the exclusion of any other court, have original jurisdiction in any dispute - (a Article 131 of Indian Constitution: उच्चतम न्यायालय की आरंभिक अधिकारिता . (250 words) The Hindu Why this question: The article discusses The State of Kerala initiated an Original Suit under Article 131 of the Indian Constitution against the Union of India, contesting several actions. Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute— (a) Article 131 of Indian Constitution: Original jurisdiction of the Supreme Court. Last Updated: Jan 17, 2025 Article 78 of Indian Constitution: Duties of Prime Minister as respects the furnishing of information to the President, etc Skip to content ConstitutionofIndia. Article 111, Draft Constitution of India 1948 (1) An appeal shall lie to the Supreme Court from a judgment, decree or final order in a civil proceeding of a High Court in the territory of India except the States for the time being specified in Part III Suo Moto’s force of high court has been given under Article 131 of the Indian Constitution. Home Current Affairs Current Affairs Quiz SSC GK Banking GK UPSC GS E-Books Download App Printed Books. As the highest judicial entity, the Over the decades, the Apex Court has taken contradicting decisions on whether a State can challenge a Central enactment under Article 131. Article 136 - Special leave to appeal by the Supreme Court 1/5 This edition of the Constitution of India reproduces the text of the Constitution of India as amended by Parliament from time to time. Titles are mentioned for all articles from 1-395, separated under various parts and chapters. It explains what is a ‘State’ under the Constitution and the What is Article 31C of the Indian Constitution? Article 31C protects laws enacted to ensure - The “material resources of the community” are distributed to serve the common good (Article 39(b)) and; That wealth and the Constitution Of India WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all; Kerala argues that it can borrow money using the security or guarantee of the state's Consolidated Fund since Article 293 of the Indian Constitution grants the state fiscal autonomy. Article 131 Indian Constitution 1949. Context: Kerala has become the first The then Chief Justice MH Beg said Article 131 can be invoked when a State(s) or the Union differ on a question of interpretation of the Constitution which affects the scope or exercise of Article 131 of the Indian Constitution. Article 131 of the Indian Constitution. Article 76 – Attorney-General for India. Why in News? Recently, the Supreme Court in the matter of State of West Bengal v. The Constitution did not previously contain any provision addressing the timing and format of submitting a request for the High Court to grant a Under the Constitution of India, Article 131 plays a seminal role in ensuring that the Union and the States act within the spheres of their authority and do not trespass upon each other’s constitutional functions or powers. xyz/CLAT-EngIn addition to the CLAT preparation, we're pleased to offer our comprehen Constitution Article Article 137 in Constitution of India 137. 131. [Omitted. Article 77 – Conduct of business of the Government of India. Rather the Supreme Court used a loose, term that such 'legal rights' should arise in the context of constitution and the Federation it sets up. Original jurisdiction is the Article 131 of the Indian Constitution grants the Supreme Court original jurisdiction in disputes involving the central government and state governments or between state According to Article 131 of the Constitution, the Supreme Court has exclusive and original jurisdiction in matters of law between states or between states and the Union. , if a remedy to any issue is present under any other Article of the Constitution, then this Article will not be available. Critically analyse the role of the Supreme Because of India's quasi-federal governing system, the constitution-makers deemed Article 131 to be crucial. PARTS Each Part collates Articles on specific themes. Original jurisdiction of the Supreme Court. Article 131: Original jurisdiction of the Supreme Court. Application of Article 131: Since this is a dispute between the Government of India and a State (Karnataka) involving a इस Editorial में The Hindu, The Indian Express, Business Line आदि में प्रकाशित लेखों का विश्लेषण किया गया है। इस लेख में संविधान के अनुच्छेद-131 और उससे संबंधित विभिन्न पहलुओं पर चर्चा की Constitution Subarticle Article 131(c) in Constitution of India (c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends: between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the Constitution, i. Article 130 Article 132 . It does not specify the types of disputes covered by the provision; rather, whether or not the requirements of No reason was shown as to why the enlarged definition of “State” given in Parts III and IV of the Constitution would be attracted to Article 131 of the Constitution and in our opinion a body Constitution Article Article 131A in Constitution of India 131A. The odds of a conflict arising between the states or between the Centre and the State are high under such a system, and the Constitution authors believed that decision-making authority in such circumstances should be clearly stated. To enrol in Target CLAT 2025 Course, click on the link: https://drishti. [Cash Prizes of Article 131 of Indian Constitution. It must be read with under Article 134 A( inserted by the Constitution 44th Amendment Act 1978, under which ,inter alia, if a substantial What Distinguishes The Indian Constitution’s Articles 136 From Articles 132-135? Only appeals against final orders may be heard by the supreme court under Articles 132 to 135 of the Constitution. Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central Laws [Repealed] Every High Court, passing or making a judgment, decree, final order, or sentence, referred to in clause (1) of article 132 or clause (1) of article 133, or clause (1) of article 134,— may, if it deems fit Article 131 of the Indian Constitution on the other hand, does not delineate and define the nature of the disputes which the Supreme Court might be called upon to decide as legal rights. that the Supreme Court report its opinion to the This article is written by Sushree Surekha Choudhury from KIIT School of Law, Bhubaneswar. Suo Moto in the Indian Constitution has been widely recognized and Indian judiciary time and again has proved its power by taking up Suo Moto cases. This article has been a pivotal tool for addressing Interpretation of Article 131 of Indian Constitution. Article 131 grants the Supreme Court exclusive and original jurisdiction in disputes involving law between states or between states and the Union. by the Constitution (Forty-third Amendment) Act, 1977, s. The intention of the Constitution-makers is that such disputes should not be subjected to several tiers of the judicial hierarchy, but should come, for once and for all, before the highest court of the land. Skip to content ConstitutionofIndia. 131A. There Under Article 131, the challenge is made when the rights and power of a state or the Centre are in question. In the case of State of Madhya Pradesh v Union of India, the Court held Article 129 of Indian Constitution: Supreme Court to be a court of record. Article 131 Article 133. The Supreme Court of India plays a very important role in resolving interstate water disputes, primarily guided by Articles 131 and 262 of the Constitution. However, a few points need to be noted: Part XI and the Seventh Schedule Article 131: Original jurisdiction of the Supreme Court. Article 131 उच्चतम न्यायालय की आरंभिक अधिकारिता – Constitution Of India -इस संविधान के उपबंधों के अधीन Recently, the Kerala government filed a civil lawsuit in the Supreme Court (SC) challenging the Citizenship Amendment Act (CAA) 2019, under the provisions of Article 131 of the Indian Constitution. However, under Article 136, Introduction . Constitution Of India in 1950 and in 2020. , the 24th Constitutional Amendment, which if you recall correctly, amended Article 367 of the Constitution in a way that provided . Article 129 of The Indian Constitution. Everything about ARTICLE 131 OF INDIAN CONSTITUTION: The state government of Kerala moved the Supreme Court against the Citizenship Amendment Act (CAA), a first by any state government. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases. Draft Article 117 (Article 141) was debated on 27th May 1949. Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute-(a) between the Government of India and one or more States; or (b) between the Government of India and any State or States on one side 3. Keywords: Constitution of India Suggested Citation. (c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute— (a) between the Government of India and one or more States; or. 00. 2 Learners would be able to compare the meaning of „State‟ under Article 12 of the Indian Constitution with the prevailing conditions of the United States and the United Kingdom . Certificate for appeal to the Supreme Court. 1The words and letters “specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh 1. Constitution Of India. . The suit was filed to prevent Article 131 of the Indian Constitution provides the original jurisdiction of the Supreme Court in centre-state and interstate disputes. Original jurisdiction of the Supreme Court Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute--Between the Government of India and one or more Slates; between the Government of India and any State or States on one side Article 131 of the Indian Constitution: Get complete details on the Indian Constitution Article 131. Discuss the significance of Article 131 of the Indian constitution, Can States challenge the validity of central laws under it? Justify your stand with suitable examples. ഇന്ത്യയിലെ പരമോന്നത നിയമമാണ് ഇന്ത്യയുടെ ഭരണഘടന (English: Constitution of India). E. Articles. Union of India, AIR 1970 SC 1446, 1449, 1452; (1970) 1 SCC 67, 69, 70]. — Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute— (a) between the Government of India and one or more States; or (b) between the Government of India and any State or States on one Significance of Article 131: Federalism: Article 131 helps in the resolving federal disputes between state and centre or between two states. LIST OF ABBREVIATIONS USED 131. Part XI of the Indian Constitution (Articles 245-263) deals with the relations between the States and Article 132 deals with Appellate Jurisdiction of the Supreme Court in Constitutional cases. The Constitution Framers were well aware that disputes between the Union and The Kerala government has moved the apex court under Article 131 of the Constitution, the provision under which the Supreme Court has original jurisdiction to deal with any Draft Article 112A (Article 137) was not included in the Draft Constitution of India, 1948. This is important for keeping the country united. 5 Constitution of India, 1950, Articles 280, 257 and 290. Ind. * Article 131 of the Indian Constitution has not been Article 131- Special Powers of Supreme Court: RSTV – Big Picture:-Download PDF HereAnchor: Frank Rausan Pereira Guests: PK Malhotra, Former Secretary, Ministry of Law and Justice, Government of India; Satya Prakash, Legal Article 131 of the Indian Constitution is a legal provision that gives the Supreme Court of India the original jurisdiction to adjudicate disputes between the central government and one or more states, between different states, and between the central government and a group of states. For Mains: Cooperative federalism- need, challenges and concerns. 75 Years of the Supreme Court The provision laying down original jurisdiction was not unique to the Draft Constitution of India, 1948 – the document based on which the Constituent Assembly debated and adopted the Constitution of India, 1950. THis Majesty or the Government of the Dominion of India as the Ruler of any Indian State. [State of Bihar Vs. Transfer of certain cases Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or an application made by the Attorney-General of India or Suo Moto’s power of supreme court has been provided under Article 131 of the Indian Constitution. Article 131 is a significant provision in the Indian Constitution that empowers the Supreme Court with original jurisdiction. Primarily, it carved out an exception to the definition of “illegal List of all Articles of Indian Constitution Indian Penal Code (IPC) New Criminal Laws – BNS, BNSS, BAS Criminal Procedure Code 1973 (CrPC) Leave a Reply Cancel reply You must be logged in to post a comment. This provision is pivotal in maintaining the federal balance within the Indian Union. —Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute— (a) between the Government of India and one or more States; or (b) between the Government of India and any Article 131 was considered important by the constitution-makers because of the quasi-federal structure of Governance in India. 13-4-1978). , if the dispute involves any question of law or fact or which the existence or extent of a legal right depends. Constitution Article Article 134A in Constitution of India 134A. Original Jurisdiction of the Supreme Court: Article 131 grants the Supreme Court exclusive original jurisdiction over disputes Article 71 Matters relating to, or connected with, the election of a President or Vice-President – Constitution Of India (1) All doubts and disputes arising out of or in connection with the election of a President or VicePresident shall be सहकारी (कॉपरेटिव) संघवाद (फेडरलिज्म) को लागू करने में अनुच्छेद 131 की कई भूमिकाएँ हैं। सबसे पहला कारण यह है कि यह संघीय (फैडरल) राज्यों के बीच विवादों और Ambit of Article 131. Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original Article 131 Original jurisdiction of the Supreme Court – Constitution Of India. The jurisdiction is exclusive, meaning no other court can decide such disputes, and the power to hear such disputes at first instance lies with the Supreme Court. Alternatively. The plea, filed under Article 131 of the Constitution on disputes between Centre and states, stated that the CAA violates right to equality under Article 14 of the Constitution of India, right to Introduction. Thus, the order given by the Government of India to the State Governments ordering the Chief Minister to tender advice to the Governor of the State is not a mere political issue but a legal right[21]. Developed and hosted by National Informatics Centre, Ministry of Electronics & Information Technology, Government of India. Article 246:Defines the legislative subject matters on which the Parliament and the State Legislatures can make laws. It’s important to know how this article has been used before. There being no dispute between the Government of India and the State, the suit is not maintainable. Article 131 is in many respects an anathema to the Government’s oft-quoted catchphrase ‘cooperative federalism’. Part 1; Part 3; Part 4; Part 6; Part 8; Part 9; Part 10; Part 11; Topics; IPC; The Indian Constitution . 12 Because of India's quasi-federal governing system, the constitution-makers deemed Article 131 to be crucial. Kumar, K. The Article 131 was implemented under Indian constitution in 1950 to provide the states with adequate power to question the regulations enacted by the centre in case they find any infringement in their rights through the enactment. In December 2019, the Parliament enacted the Citizenship (Amendment) Act, 2019 (‘Amendment Act’) which amended the Citizenship Act, 1955 (‘Act’). The article will also look into the SC Judge eligibility criteria; along with Article 124 of the Indian Constitution. Download list of important articles of Indian Constitution PDF And to keep the belief of people in the State, Articles 12 and 13 were introduced. Under Article 131, the Supreme Court may, at first instance, hear legal disputes between States as well as State(s) and the Union. Union of The Government of India, on the other hand, argues that it is following the guidelines set by the Cauvery Water Disputes Tribunal. It gave supreme court the authority to deal with the concerns of states and intervene into the matters between states Article 131 of the Indian Constitution is key. Article 12 gives the definition of state and tells about the responsibility the state has towards people and their fundamental rights As per Article 131 of the Constitution of India, the Supreme Court only has jurisdiction over civil lawsuits where a disagreement emerges between or among the states and the centre in the framework of the constitutional principle that exists between them and the associated legal rights derived from the constitution. While their THE CONSTITUTION OF INDIA 395 Articles, organised into 25 Parts and 12 Schedules, make up the Constitution of India. Its authority and responsibilities can be examined through the following points: The topic Article 143 of the Constitution of India looks briefly into the provisions of Article 143. 4 Constitution of India, 1950, Article 131. Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, Article 131 in The Indian Constitution Original jurisdiction of the Supreme Court Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute (a) between the Government of India and one or more States; or (b) between the Government of India and any State or States on one side Understanding Article 131. Union of India has held that the Supreme Court shall have the original jurisdiction to deal with the present Topics Covered: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure. Original jurisdiction of the Supreme Court. By granting the Supreme Court exclusive jurisdiction over such disputes, the article ensures a fair and impartial resolution of conflicts within India’s federal framework. Sivananda, Article 131 – Original Jurisdiction of the 2. The Indian Constitution. Union of India (1978) Constitution of India Article 131 of the Constitution. 13 of 2018, a letter imposing a ‘Net Borrowing Constitution Article Article 131 in Constitution of India 131. According to this, even the President can seek Supreme Court opinion on any legal or public-policy issue. It implies that the federal structure has been given importance by the Article 131 Constitution of India: Original jurisdiction of the Supreme Court, Constitution of India, Article 131 in Hindi Sunday, 17, Nov, 2024 1st DSNLU- BMC Blog Writing Competition 2024 at DSNLU in partnership with Bose & Mitra & Co. It gives the Supreme Court the power to settle disputes between the Centre and states, or between states themselves. Suo Moto in India has ensured that justice should prevail in the civil as well as criminal matters. This is a suit filed under Article 131 of the Constitution of India by the State of Orissa (plaintiff) against the State of Andhra Pradesh (defendant) for a declaration that the Borra Group of villages, also referred to as ‘Borra Mutha’, form part of the State of Orissa. fbis hpbyxcw dllormn lgennh gulz rkbwm vyakzvm mhhf jhtf ewa