The Constitution of India
Article 131
Original jurisdiction of the Supreme Court
Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute —
(a) between the Government of India and one or more States; or
(b) between the Government of India and any State or States on one side and one or more other States on the other; or
(c) between two or more States, if and in so far as 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, sanad 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.
Why this exists
India's Constitution created a federal structure with both a strong Centre and States having defined powers, making disputes between them almost inevitable. The framers wanted a neutral, authoritative forum to resolve such conflicts peacefully and legally, rather than through political pressure or force. They gave this role exclusively to the Supreme Court, placing it above ordinary courts for such matters, while excluding disputes rooted in pre-Constitution treaties (like those with princely states) to avoid reopening old political settlements.
How courts read it
The Supreme Court has interpreted Article 131 narrowly in some respects, holding that private citizens or companies cannot invoke it — only the Union and States, in their capacity as such, can be parties. Courts have also clarified that the dispute must involve a genuine legal right, not merely a policy or political disagreement, and that if a private party's rights are the real subject of dispute, this Article does not apply. Cases like State of West Bengal v. Union of India examined the extent of Central versus State legislative competence under this Article.
Common misconceptions
- Myth: Any citizen or company can use Article 131 to sue a State or the Central Government.
Fact: Courts have held that only the Union and States themselves (as governments) can be parties under Article 131 — private individuals or companies cannot invoke it directly. - Myth: Article 131 covers any disagreement between States and the Centre, including political or policy issues.
Fact: It applies only when the dispute involves a genuine question about a legal right, not mere political or policy disagreements.