Original Jurisdiction of the Supreme Court (Article 131)
Indian Polity › Higher Judiciary: Supreme Court and High Courts · Topic 17.3
Under Article 131 the Supreme Court has exclusive original jurisdiction in disputes between the Centre and states or among states involving a legal right, excluding pre-constitution treaties and river water disputes, plus concurrent writ jurisdiction for Fundamental Rights.
5 min read · UPSC Prelims · Polity · Higher Judiciary
At a Glance
- What it is Power to hear certain disputes in the first instance
- Article Article 131 (exclusive); Article 32 (writs, concurrent)
- Disputes Centre vs states, states vs states
- Excluded Pre-constitution treaties and inter-state river disputes
- Exam link UPSC Prelims, Polity: Higher Judiciary
Where Does It Fit?
This is the third topic of the category on the Higher Judiciary. As a federal court, the Supreme Court decides disputes between the units of the Indian federation. Original means the power to hear such disputes in the first instance and not by way of appeal.
Federal Disputes
The Supreme Court has exclusive original jurisdiction in any dispute between the Centre and one or more states; between the Centre and any state or states on one side and one or more other states on the other; and between two or more states. Exclusive means no other court can decide such disputes. Two points are noted. The dispute must involve a question, of law or fact, on which the existence or extent of a legal right depends, so questions of a political nature are excluded. And a suit brought by a private citizen against the Centre or a state cannot be entertained under this jurisdiction.
What Is Excluded
The jurisdiction does not extend to disputes arising out of a pre-constitution treaty, agreement, covenant, engagement, sanad or similar instrument which continues in operation after the commencement of the Constitution or which provides that the jurisdiction shall not extend to it; to inter-state river water disputes (excluded by the Inter-State River Water Disputes Act, 1956); to matters referred to the Finance Commission; and to adjustment of certain expenses and pensions between the Centre and the states.
In 1961, the first suit under original jurisdiction was brought by West Bengal against the Centre, challenging the Coal Bearing Areas (Acquisition and Development) Act, 1957. The Supreme Court dismissed the suit, upholding the validity of the Act.
Writ Jurisdiction Compared
| Point | Federal disputes (Article 131) | Writs (Article 32) |
|---|---|---|
| Parties | Units of the federation | Citizen and the government |
| Nature | Exclusive | Concurrent with the high courts |
| Subject | Questions on which a legal right depends | Enforcement of Fundamental Rights only |
| Private parties | Not allowed | Allowed |
The Constitution constitutes the Supreme Court as the guarantor and defender of Fundamental Rights. It can issue writs including habeas corpus, mandamus, prohibition, quo warranto and certiorari. An aggrieved citizen can approach it directly, but the jurisdiction is not exclusive, because the high courts can also issue writs for Fundamental Rights. The writ jurisdiction of the high court is wider, since it can issue writs for other purposes, whereas the Supreme Court can do so only for Fundamental Rights unless Parliament confers more.
Indian and American Supreme Courts Compared
| Indian Supreme Court | American Supreme Court |
|---|---|
| Original jurisdiction confined to federal cases | Original jurisdiction covers federal cases and also naval forces, maritime activities, ambassadors |
| Appellate jurisdiction covers constitutional, civil and criminal cases | Appellate jurisdiction confined to constitutional cases |
| Very wide discretion to grant special leave to appeal | No such plenary power |
| Has advisory jurisdiction | No advisory jurisdiction |
| Scope of judicial review is limited | Scope of judicial review is very wide |
| Protects rights according to procedure established by law | Protects rights according to due process of law |
| Jurisdiction can be enlarged by Parliament | Limited to that conferred by the Constitution |
| Judicial superintendence over high courts due to the integrated system | No such power due to the double judicial system |
Other Original Powers
The Supreme Court decides disputes about the election of the President and the Vice-President, with original, exclusive and final authority. It is also empowered to withdraw cases pending before the high courts and dispose of them itself, and to transfer a case from one high court to another. Parliament can enlarge the original jurisdiction over matters in the Union List, and a special agreement of the Centre and states can enlarge it further. The Indian Supreme Court’s original jurisdiction is confined to federal cases, whereas the American Supreme Court’s covers cases on naval forces, maritime activities and ambassadors as well.
Why Is This Topic Important?
- Federal focus Clear link with federalism
- Exclusion list Asked as statements
- Writ comparison Common Prelims theme
What Came Next?
The next topic covers the appellate jurisdiction of the Supreme Court.
Key People and Terms
- Original jurisdiction First-instance hearing
- Exclusive jurisdiction No other court can hear
- Sanad Pre-constitution instrument
- Concurrent Shared with high courts
- Federal court Court that settles disputes among units
Exam Corner
Points to Remember
- Article 131: exclusive original jurisdiction.
- Private citizen suits not entertained.
- River disputes excluded by the 1956 Act.
- First suit: West Bengal v. Union (1961).
Do Not Confuse With
- Article 131 and Article 32 Federal disputes versus Fundamental Rights
- Exclusive and concurrent Article 131 exclusive; Article 32 concurrent
- SC and US original jurisdiction India confined to federal cases
Memory Hook
Centre against state, state against state: first and only in the Supreme Court, never by a citizen.
Mains Angle
Questions on this topic usually ask about the federal role of the Court. Use these points to add depth.
- Umpire of federalism Settles Union-state disputes
- Legal right test Political questions excluded
- Concurrent writs Two forums for rights
- Exclusions River disputes by statute
A Question You May Face
An original practice question, not a past paper question.
“Explain the original jurisdiction of the Supreme Court and its limits.”
How to Answer
- Introduction Federal court.
- Article 131 Disputes covered.
- Exclusions Four.
- Conclusion Writs compared.
GS Relevance
Frequently Asked Questions
What is the original jurisdiction of the Supreme Court?
It is the power to hear certain disputes in the first instance. The Supreme Court has exclusive original jurisdiction over disputes between the Centre and states, and between states, and concurrent original jurisdiction with high courts for enforcement of Fundamental Rights by writs.
What does exclusive original jurisdiction mean?
Exclusive means no other court can decide such federal disputes, and original means the Supreme Court hears them in the first instance and not on appeal. It covers disputes between the Centre and states or between two or more states.
Can a private citizen file a suit under Article 131?
No. Any suit brought before the Supreme Court by a private citizen against the Centre or a state cannot be entertained under the original jurisdiction. The dispute must be between units of the federation and must involve a legal right.
Which disputes are excluded from the Supreme Court’s original jurisdiction?
Disputes arising from pre-constitution treaties and similar instruments, inter-state river water disputes under the 1956 Act, matters referred to the Finance Commission, and adjustment of certain expenses and pensions between the Centre and states are excluded.
Which was the first suit under the original jurisdiction?
In 1961, West Bengal brought the first suit against the Centre, challenging the constitutional validity of the Coal Bearing Areas (Acquisition and Development) Act, 1957. The Supreme Court dismissed the suit and upheld the validity of the Act.
PYQ Practice — Statement Analysis
1 The Supreme Court has exclusive original jurisdiction over Union-state disputes.
Article 131.
2 A private citizen can sue a state under Article 131.
Not entertained.
3 Inter-state river water disputes fall within Article 131.
Excluded by the 1956 Act.
4 The writ jurisdiction of the Supreme Court is exclusive.
Concurrent with high courts.
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