UPSC Prelims 2012 Q10: Indian Polity – Judiciary
Which of the following are included in the original jurisdiction of the Supreme Court?
1. A dispute between the Government of India and one or more States
2. A dispute regarding elections to either House of the Parliament or that of Legislature of a State
3. A dispute between the Government of India and a Union Territory
4. A dispute between two or more States
Select the correct answer using the codes given below :
- (a) 1 and 2
- (b) 2 and 3
- (c) 1 and 4
- (d) 3 and 4
Answer: (c) 1 and 4
Explanation
Original jurisdiction of the Supreme Court (Article 131)
| Dispute | Original jurisdiction? | Fact |
|---|---|---|
| 1. Between the Government of India and one or more States | Yes | Article 131(a) |
| 2. Regarding elections to either House of Parliament or a State Legislature | No | Goes to the High Court by election petition |
| 3. Between the Government of India and a Union Territory | No | A Union Territory is not a 'State' for Article 131 |
| 4. Between two or more States | Yes | Article 131(c) |
Three kinds of dispute under Article 131:
| Kind | Parties |
|---|---|
| (a) | Centre versus one or more States |
| (b) | Centre and some States versus other States |
| (c) | State versus State |
Not covered: inter-State water disputes (Article 262), pre-Constitution treaties, matters referred to the Finance Commission.
Answer: (c) 1 and 4.
Why each option is right or wrong
- (a) Incorrect. Election disputes are not in the Supreme Court's original jurisdiction.
- (b) Incorrect. Neither election disputes nor disputes with a Union Territory are covered.
- (c) CORRECT. Centre-State and State-State disputes fall under original jurisdiction.
- (d) Incorrect. A dispute with a Union Territory is not covered by Article 131.
Key point
Article 131: exclusive original jurisdiction in Centre-State and inter-State disputes; not election disputes, UT disputes or water disputes.
Remember
Original jurisdiction = Centre-State, State-State.
Common mistakes
- Treating a Union Territory as a State under Article 131.
- Sending MP and MLA election disputes to the Supreme Court first.
- Forgetting the water disputes exception.
Exam tip
Article 131 is only about the federation: Centre and States.
Sources
- Constitution of India — Articles 131 and 262
- M. Laxmikanth — Indian Polity, chapter on Supreme Court