15th July 2024 (9 Topics)
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Scope of Article 131
Context
The Supreme Court recently addressed the maintainability of an original suit filed by the State of West Bengal against the Union of India concerning the CBI's registration of cases within the state without its consent. The Supreme Court's stance on the maintainability of such suits under Article 131 has sparked debate. The central issue revolves around whether these suits raise questions crucial to the existence or extent of legal rights, as required by Article 131.
Role of Article 131:
- Article 131 ensures that disputes involving the Union and States are resolved within the framework of the Constitution, particularly concerning their respective powers and functions.
- It is not meant for routine disputes but for those that impact the constitutional relationship between the Union and the States.
- Interpretation of "Legal Rights" under Article 131: Courts interpret "legal rights" under Article 131 broadly to encompass rights, liberties, powers, or immunities that affect the Union-State relationship.
- For instance, the Madras High Court upheld Tamil Nadu's challenge to certain provisions of the Prevention of Terrorism Act, 2003, stating it involved constitutional principles rather than a routine dispute.
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