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All Centre-state dispute can't be heard by SC only: HC

All Centre-state dispute can’t be heard by SC only: HC

Every dispute arising between a state and the Centre while discharging their respective executive powers cannot be construed as a conflict which can be heard only by the Supreme Court, the Delhi High Court today said.

A bench of Chief Justice G Rohini and Justice Jayant Nath made it clear that under Article 131 of the Constitution, the jurisdiction of the Supreme Court with regard to civil suits is attracted only when a dispute arises between or amongst the states and the Centre in the context of “constitutional relationship that exists between them and the legal rights flowing therefrom”.

It gave the finding while disagreeing with the AAP government’s contention that the proceedings in a batch of petitions, against its various decisions, shall remain stayed till the suit filed by it against the Centre under Article 131 is adjudicated by the apex court.

“In our considered opinion, none of the above noticed issues are exclusively triable under Article 131 of the Constitution. Hence, we are unable to agree with contention of the applicant/GNCTD that the proceedings in the present batch of petitions shall remain stayed till the Original Suit filed by the applicant under Article 131 of the Constitution is adjudicated by the Supreme Court,” the bench said.

“Every dispute which may arise between the state on the one hand and the Union of India on the other, in discharge of their respective executive powers cannot be construed as a dispute arising between the state and the Union of India attracting Article 131 of the Constitution.

“It is also clear that Article 131 of the Constitution is attracted only when a dispute arises between or amongst the states and the Union in the context of the constitutional relationship that exists between them and the legal rights flowing therefrom,” it said.

The bench also said the question relating to competence of central government in directing the Delhi Government’s Anti- Corruption Branch Police Station not to take cognisance of offences against the officials and employees of the Union government “does not involve any dispute of federal nature as sought to be contended by the petitioner/applicant”.

(Source : PTI)


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