Supreme Court’s Original Jurisdiction in Inter-State Disputes

The Supreme Court exercises original jurisdiction when an eligible federal dispute is instituted directly before it rather than reaching it through an appeal. Under Article 131, this jurisdiction is exclusive and applies only when the dispute concerns a legal right between constitutionally specified governments.

Conditions for exercising jurisdiction

A dispute falls within Article 131 only if a question of law or fact determines the existence or extent of a legal right of one of the parties. A merely political disagreement that does not involve such a right is insufficient.

• The dispute may be between the Government of India and one or more States.
• It may be between the Union and one or more States on one side, and one or more other States on the other.
• It may be between two or more States, without the Union being a party.
• Private persons and bodies are not parties contemplated by Article 131.

Special position of inter-State water disputes

Under Article 262, Parliament may provide for adjudication of disputes concerning the waters of an inter-State river or river valley and may exclude the jurisdiction of all courts, including the Supreme Court. Parliament exercised this power through the Inter-State River Water Disputes Act, 1956.

• Section 11 of the Act bars the Supreme Court and other courts from exercising jurisdiction over a water dispute that may be referred to a tribunal under the Act.
• Therefore, Article 131 does not override a valid jurisdictional bar enacted by Parliament under Article 262.

Constitutional limitation

The proviso to Article 131 excludes disputes arising from certain treaties, agreements, covenants, engagements, sanads or similar instruments entered into before the Constitution commenced, where they continue in operation or expressly exclude this jurisdiction.