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There is distinction between state & State Govt. That why under Art. 131 –
state govt. cant brought a suit against govt. of India.
State govt. can brought a suit against govt. of India.
State govt. can brought a suit against govt. of India but only when any right or capacity or the lack of it is attributed to any institution or person acting on behalf of the state.
None of these
The Supreme Court has three kinds of jurisdictions: original, appellate and advisory. Under its advisory jurisdiction, the President has the power to seek an opinion from the apex court under Article 143 of the Constitution.
Under its appellate jurisdiction, the Supreme Court hears appeals from lower courts.
In its extraordinary original jurisdiction, the Supreme Court has exclusive power to adjudicate upon disputes involving elections of the President and the Vice President, those that involve states and the Centre, and cases involving the violation of fundamental rights. For a dispute to qualify as a dispute under Article 131, it has to necessarily be between states and the Centre, and must involve a question of law or fact on which the existence of a legal right of the state or the Centre depends. In a 1978 judgment, State of Karnataka v Union of India, Justice P N Bhagwati had said that for the Supreme Court to accept a suit under Article 131, the state need not show that its legal right is violated, but only that the dispute involves a legal question.
Article 131 cannot be used to settle political differences between state and central governments headed by different parties.
By: Parvesh Mehta ProfileResourcesReport error
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