The Kerala government, the first state to challenge the Citizenship (Amendment) Act, filed a petition under Article 131 of the Constitution to declare the law unconstitutional and in violation of Articles 14 (equality before law), 21 (protection of life and personal liberty) and 25 (freedom of conscience and free profession, practice, and propagation of religion).
- Article 131 of the Constitution vests the Supreme Court with original jurisdiction over disputes occurring between states or between states and the Centre.
- The original jurisdiction of a court means the power to hear a case for the first time, as opposed to appellate jurisdiction, in which the court reviews the decision of a lower court.
- This jurisdiction shall not extend to a dispute arising out of any agreement having been entered into or executed before the commencement of this Constitution.
- In ‘State of Rajasthan vs Union of India’, 1977, the Supreme Court ruled that “mere wrangles between governments have no place in the scheme of that Article.”
Important Info :
Article 32 vs Article 131?
- Unlike the original jurisdiction under Article 32 (which gives the top court the power to issue writs, etc.), the jurisdiction in Article 131 is exclusive, meaning it is only the Supreme Court which has this authority.
- Under Article 226, the High Courts too have the power to issue writs, directions etc.
Source : Indian Express