Source: Supreme Court 

Why in News?

Recently, the Supreme Court in the matter of State of West Bengal v. Union of India has held that the Supreme Court shall have the original jurisdiction to deal with the present case and suit filed by the state is maintainable under Article 131 of the Constitution. 

What was the Background of State of West Bengal v. Union of India Case? 

• In this case, the state (Plaintiff) filed a suit against the Union of India (defendant). 
• The plaintiff argued that even after revocation of its consent the Central Bureau of Investigation (CBI) continued registering First Information Report (FIR) under Delhi Special Police Establishment Act of 1946 (Act).  
• The plaintiff stated this act of the defendant as constitutional overreach. 
• The defendant contended on the maintainability of suit. 
• It argued that CBI cannot be termed as equated as Government of India. 
• It was also argued that a Special Leave Petition (SLP) is also pending in this matter so the same matter cannot be maintained under Article 131. 

What were the Court’s Observations? 

• Single bench of Justice B.R. Gawai observed that the argument that CBI cannot be equated as Government of India holds no water 
  • The Supreme Court referred to Section 3 and Section 5 of the Delhi Special Police Establishment Act which expressly states CBI functions under the supervision of the Government.  
• It was further held that even if the suit is pending under Article 136, Article 32 or Article 226, the Supreme Court has the jurisdiction to take the applications under Article 131 of the constitution based on the reading of the Article 131 as “Subject to the provisions of this constitution”. 
  • The Supreme Court shall have the original jurisdiction as per the stated provision. 
  • The Supreme Court has the special jurisdiction to deal with cases where the subject matter in dispute depends upon the extent of legal rights. 

What is Article 131 of the Constitution of India? 

• It states the provisions relating to the original jurisdiction of the Supreme Court as: 
  • 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 or 
    • Between the Government of India and any State or States on one side and one or more other States on the other or 
    • Between two or more States, if 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, named 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. 

Case Laws 

• The South India Corporation (P) Limited v. The Secretary, Board of Revenue, Trivandrum and Another (1963):  
  • The case was based on Article 372 (Continuance in force of existing laws and their adaptation).  
  • The Court opined that these words should be given a reasonable interpretation that reflects the intention of the Constitution's makers. 
• Union of India and Another v. Tulsiram Patel (1985):  
  • This was based on  Article 309 of the Indian Constitution (Recruitment and conditions of service of persons serving the Union or a State) which states any competent person can be directed to make rules regulating the recruitment, and the conditions of service such rules must be made "subject to the provisions of this Constitution” if they are to be valid. 
• State of Rajasthan and Others v. Union of India and Others (1977):  
  • The supreme Court held that Article 131 provides a forum for resolving disputes based on the existence or extent of a legal right.