Part V: The Union

The Union Judiciary

Article 131: Original jurisdiction of the Supreme Court

--- Original Article ---

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 and one or more other States on the other; or
• (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:

[Provided that the said jurisdiction shall not extend to a 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.]

Explanations

Article 131 of the Constitution of India outlines the original jurisdiction of the Supreme Court. This jurisdiction allows the Supreme Court to act as the sole court for resolving certain disputes involving the Government of India and states, excluding other courts. The article plays a critical role in maintaining the federal structure of India by enabling the judiciary to act as an impartial authority in resolving disputes between different governments.

Clause-by-Clause Explanation

1. Disputes between the Government of India and States

Article 131 grants the Supreme Court original jurisdiction in disputes between the Central Government and one or more States. This includes conflicts where the Central Government and one or more States are on opposing sides.

2. Disputes between States

The Supreme Court also holds jurisdiction over disputes between two or more States, provided that the dispute involves legal rights, either on the basis of facts or law.

3. Proviso Regarding Treaties and Agreements

The article originally contained a proviso which excluded disputes arising from treaties, agreements, or similar instruments signed before the commencement of the Constitution. This proviso was later amended by the Constitution (Seventh Amendment) Act, 1956, which refined the scope of the exclusion to include specific agreements continuing in effect after the Constitution's commencement.

Real-Life Examples

• Cauvery River Water Dispute (State of Tamil Nadu vs. State of Karnataka): One of the most well-known cases that invoked Article 131 was the Cauvery River water dispute between Tamil Nadu and Karnataka. The issue involved the sharing of water resources, and the dispute led to litigation at the Supreme Court under its original jurisdiction.
• Border Dispute between Assam and Nagaland: Another example is the border dispute between the States of Assam and Nagaland, where the Supreme Court had to determine the existence and extent of legal rights over disputed territories.
• Krishna River Water Dispute (Andhra Pradesh, Karnataka, and Maharashtra): Multiple states contested the allocation of water from the Krishna River. The Supreme Court exercised its original jurisdiction under Article 131 to settle the matter.
• Interstate Boundary Dispute (State of Assam vs. State of Arunachal Pradesh): The long-standing territorial dispute between Assam and Arunachal Pradesh led to the invocation of the Supreme Court’s original jurisdiction to resolve the conflict.

Historical Significance

Article 131 reflects the framers' intention to safeguard the federal structure of the Indian Union. The provision allows the Supreme Court to mediate between the Union and States, ensuring that conflicts between governments are resolved through judicial processes rather than political bargaining. The article also provides checks on the expansion of federal authority by guaranteeing states a forum to present their grievances.

Legislative History

Article 131 of the Indian Constitution, initially drafted and debated as article 109 of the Draft Constitution, was ultimately incorporated into the Indian Constitution on May 27, 1949.

Debates and Amendments

On October 14, 1949, during a session of the Constituent Assembly, Shri T. T. Krishnamachari proposed an amendment to Article 109 of the Draft Constitution. He suggested replacing the current proviso with a new one to specify the limits of jurisdiction in certain disputes involving states.

The proposed proviso included two key conditions:

• Jurisdiction would not extend to disputes involving states listed in Part III of the First Schedule if these disputes arise from treaties, agreements, covenants, engagements, sanads, or similar instruments executed before the Constitution's commencement and still in effect.
• Jurisdiction would not extend to disputes involving any state if these disputes arise from treaties, agreements, covenants, engagements, or sanads that explicitly state the jurisdiction should not apply.

Mr. Krishnamachari noted that these conditions were originally part of Draft Article 109 but were not included due to prevailing circumstances. However, with changing circumstances, he believed it necessary to reinstate these provisions.

References

• Constitution of India, Article 131 – Defines the original jurisdiction of the Supreme Court in disputes involving the Government of India and States.
• Constitution (Seventh Amendment) Act, 1956.
• Cauvery River Water Dispute Case.
• Krishna River Water Dispute Case.