Last Updated on July 16, 2024 by News Desk
The Supreme Court recently upheld the maintainability of a suit filed by the State of West Bengal against the Union of India. The case revolves around the suo motu registration of cases by the CBI within the state without its consent. The suit was filed under Article 131, which grants the Supreme Court original jurisdiction in disputes between the Centre and states.
Solicitor General Tushar Mehta argued that the suit was not maintainable, contending that the CBI is an independent entity with a separate legal identity. He relied on the precedent set by the State of Rajasthan v. Union of India (1977) to support his claim. However, the Supreme Court noted that Article 131 provides a forum for resolving disputes over legal rights and emphasized that the state’s argument constituted a valid cause of action against the Union.
The Court rejected the Union’s argument that the CBI, even if considered an instrumentality of the state under Article 12, could not be equated with the Government of India under Article 131. It pointed out that the Delhi Special Police Establishment Act makes the Central Government responsible for supervising the CBI, thus affirming that the CBI acts under the Government of India’s authority.
Additionally, the Supreme Court highlighted that jurisdiction under Article 131 is subject only to provisions specifically addressing disputes between the same parties mentioned in this article, such as Article 262, which deals with inter-state river disputes. The Court clarified that other remedies available under Articles 32 and 136 do not preclude a party from seeking relief under Article 131.
In conclusion, the Supreme Court dismissed the Union’s arguments, reinforcing that the CBI operates under the aegis of the Government of India, and disputes involving it can fall within the ambit of Article 131. This ruling underscores the importance of maintaining the balance of power between the Centre and states, ensuring that states retain their legal rights and autonomy within the federal structure.
Written by — Athi Venkatesh AVD
