CDS (I) 2020 General Knowledge · Question 96 of 120

Correct — A, original jurisdiction. A court exercises original jurisdiction when a dispute is brought to it first, not on appeal from a lower court. Article 131 gives the Supreme Court exactly that power over federal disputes — between the Government of India and one or more States, between the Government of India and any State or States on one side and one or more other States on the other, and between two or more States — wherever the dispute involves a question on which a legal right depends. The jurisdiction is exclusive as well as original: no other court in the country can hear a suit of that kind. That is why a boundary or river-water dispute between two States, if it is framed as a legal right, goes straight to the Supreme Court.

• (b)inherent jurisdiction — Inherent powers are the residual powers every court has to do what is necessary for justice and to prevent abuse of its process — the Supreme Court's are recognised in Article 142 and in its own rules. They are a supplement to jurisdiction already possessed, not the head under which a suit between States is entertained.
• (c)plenary jurisdiction — Not a category the Constitution uses. The word describes the fullness of a power the Court already has, and it is sometimes used loosely of Article 136 special leave; it is not the name for hearing an inter-State dispute at first instance.
• (d)advisory jurisdiction — This is Article 143 — the President may refer a question of law or fact of public importance, or a dispute arising out of a pre-Constitution treaty or agreement, for the Court's opinion. The opinion binds nobody, and the Court may decline to answer a reference under the first head. It is the opposite of deciding a live dispute between two States.

The Supreme Court's jurisdiction comes in identifiable heads. Original jurisdiction under Article 131 covers federal disputes; writ jurisdiction under Article 32 covers the enforcement of Fundamental Rights; appellate jurisdiction under Articles 132 to 134 covers constitutional, civil and criminal appeals from High Courts; Article 136 adds special leave to appeal from almost any court or tribunal; and Article 143 gives the advisory jurisdiction on a Presidential reference.

The wording of the stem does the work — 'to decide in the case of a dispute', with no mention of anything having been decided before, is the signature of original jurisdiction. Two limits are worth carrying. First, Article 131 does not reach every quarrel between governments: it excludes disputes arising out of a treaty, agreement or covenant entered into before the commencement of the Constitution which continues in operation or provides that the jurisdiction shall not extend to it. Second, a Union Territory is not a State for this purpose, and an election dispute goes to the courts and tribunals set up under the Representation of the People Act, not to Article 131.

• Article 131 gives the Supreme Court original and exclusive jurisdiction over disputes between the Government of India and one or more States, and between two or more States.
• The dispute must involve a question on which the existence or extent of a legal right depends.
• Article 32 is also original jurisdiction, but writ jurisdiction under it is concurrent with the High Courts under Article 226.
• Article 143 is the advisory jurisdiction — the President may refer a question, and the opinion given is not binding.
• Article 136 gives the Court discretion to grant special leave to appeal from any judgment of any court or tribunal, other than a court martial.

• Treating any case that starts in the Supreme Court as Article 131; an Article 32 writ petition also starts there but is a different head.
• Assuming Article 131 covers disputes involving Union Territories; it speaks of States.
• Assuming a river-water dispute must come under Article 131 — Article 262 lets Parliament exclude the courts and route it to a tribunal.

As a one-line naming question on which head of jurisdiction covers a described situation, or as a statements item listing what falls inside Article 131.

• practice — not a real PYQ

  Under which one of the following Articles may the President of India refer a question of law or fact of public importance to the Supreme Court for its opinion?

  • (a)Article 131
  • (b)Article 136
  • (c)Article 143
  • (d)Article 226

  Answer(c) Article 143 — the advisory jurisdiction, under which the opinion rendered does not bind the President or anyone else.

• practice — not a real PYQ

  Which one of the following disputes would NOT fall within the original jurisdiction of the Supreme Court under Article 131?

  • (a)A dispute between two States over a boundary
  • (b)A dispute between the Government of India and a State
  • (c)A dispute over an election to the Lok Sabha
  • (d)A dispute between the Government of India and two States on one side and another State on the other

  Answer(c) A dispute over an election to the Lok Sabha — election disputes are decided under the Representation of the People Act, not under Article 131.