The Supreme Court has original jurisdiction over disputes between states or between states and the central government according to Article 131. This was deemed important because conflicts are likely in India's quasi-federal system. Original jurisdiction is exclusive to the Supreme Court and covers disputes involving legal rights between the listed parties. However, it does not extend to matters arising from pre-existing treaties or agreements, inter-state water disputes, or issues referred to commissions. The dispute must assert a legal right and not merely be a political matter.

1. Original Jurisdiction of Supreme
Court
Article 131
Dr. Amrita Thakkar
Sem II, 3 year LLB
Sem I Roll No 10061
Sem II Roll No 20060

2. Introduction
The Supreme Court has exclusive and original jurisdiction over legal issues originating between states
or between states and the union, according to Article 131 of the Constitution.
The court protects all citizens' fundamental rights, and any breach of those rights can be brought
immediately to the State High Court by Article 226 or the Apex Court under Article 32 of the
Constitution. But when State related matter arises on specified grounds, original jurisdiction of the
Supreme Court is invoked through A. 131.
Because of India's quasi-federal governing system, the constitution-makers deemed Article 131 to be
crucial.
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. As the highest judicial entity, the Supreme Court was assigned
original and exclusive jurisdiction.

3. Article 131 in The Constitution Of
India 1949
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
(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, engagements, and 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

4. Nature And Scope Of Article 131
The nature of Article 131 is subject to provisions of the Constitution and is limited to the disputes
involving legal rights as mentioned in the Article itself. But, one can see that the jurisdiction is
extremely wide, provided the dispute is a justiciable one. It does not describe the types of disputes in
the provision but is subjective to the judicial interpretation and facts of the case whether or not the
constituents of Article 131 are fulfilled.
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.
A simple understanding of Article 131 gives that:
exclusive jurisdiction vests in the Supreme Court of India to the exclusion of any other court,
there must exist a 'dispute',
said dispute must be between either the Government of India i.e. the Central Government and one or
more constituent State or States or between two or more of such constituent States of the Union of
India,
the dispute must involve a question of law or a question of fact upon which the extent or the very
existence of a legal right is predicated.

5. Private Individuals and Corporations
• The Supreme Court in its original jurisdiction cannot entertain any suits brought by private individuals against the GOI. The
dispute involving original jurisdiction must have a question of fact or law on which legal right depends. That means no
interference in political nature cases as well. (United Provinces v. Governor General in Council AIR, 1939). Article 131 of
the Constitution does not apply, if the other party is a public sector corporation.
State of Bihar had filed a suit against the Central Government on behalf of the Railways wanting some kind of
compensation. The Supreme Court said that this case was not maintainable as the question of legal rights of a private
consignor was risen thus it was outside the jurisdiction mentioned under Article 131 (State of Bihar v. UOI AIR 1970)
Two main constituents of Article 131 i.e. 'dispute' and 'legal right' must therefore is important.
In the case of State of Rajasthan v UOI it was said that the Supreme Court has got the power to give any kind of relief if it
is necessary to enforce the legal right of any State on dispute if such legal right has been established by the Government of
the State. The Supreme Court, vide its law settling judgments in State of Rajasthan v. UOI as well as State of Jharkhand v.
State of Bihar have authoritatively established that 'dispute' must involve:
• the assertion and/or vindication of a legal right of the Government of India and/or
• that of a constituent State of the Union.
• A genuine legal right must have been asserted by way of the suit concerned
• any issue merely touching upon political concerns would be outrightly rejected by the Supreme Court.
• Thus it shall concern with the rights, obligations, duties, powers, immunities and liberties only insofar as the parties to the
suit are concerned.

6. The original jurisdiction of the SC
does not extend to following matters:
• The Supreme Court does not have exclusive jurisdiction over issues arising from treaties,
agreements, engagements, or other similar instruments entered into before the Constitution's
inception, and such papers are construed by the government. The court concluded in the case
of State of Haryana v. State of Punjab (2002) that the agreement between the two states
regarding the building of water canals did not fall within Article 131.
The original jurisdiction of the SC does not extend to following matters:
• In dispute arising out of treaty, agreement, covenant etc.
• Inter-state water dispute.
• Matters referred to Finance Commission under Article 280.
• The adjustment of certain expenses under Article 290.
• The validity of central laws can be challenged through Article 32 and no recorse is normally
permitted under Article 131 (State of MP v. UOI AIR 2012).

7. Conclusion
So far, it has been accepted that Article 131 is the Supreme Court of
India's original and exclusive jurisdiction when it comes to issues arising
between the Union and states or between two states. In India, no High
Court has that type of authority. There are two key points to
remember: the parties to the dispute can only be a state or the union
government itself. Because the definition of State in article 131 is not
the same as or as broad as that in article 12 of the Constitution, a
corporate or private body that is considered as a State will not be
treated as such under article 131 of the Constitution.