What is Article 131? 

• • Article 131 deals with the ‘original jurisdiction’ of the Supreme Court of India in any dispute that involves a ‘question of law or fact on which the existence of legal right depends’.

• Original jurisdiction refers to a court’s authority to hear and decide a case for the first time before any appellate review occurs.

• A citizen can approach the High Court or the Supreme Court under Article 226 and Article 32, respectively, in case there is a violation of fundamental rights. A State can, meanwhile, invoke Article 131 to approach the Supreme Court in case it feels that it’s legal rights are under threat or have been violated by another State or the Central government. 
• Under Article 131, the dispute may be:
  • between the Government of India and one or more States, or 
  • between the Government of India and any State or States on one side and one or more other States on the other, or 
  • between two or more States. 

Where is the original jurisdiction of the SC not applicable?

• Under Article 131, original jurisprudence doesn’t extend to a dispute arising out of a treaty, agreement, covenant, or engagement which continues to be in operation and excludes such jurisdiction. 
• Also, the inclusion of the phrase “subject to the provisions of this Constitution” implies that the exclusive original jurisdiction of the SC is not applicable to cases where another body has jurisdiction under other provisions of the Constitution or that of the SC is excluded.
• Examples of this include Articles 262 (inter-State water disputes), 280 (matters referred to Finance Commission) and 290 (adjustment of certain expenses and pensions between the Union and the States).
• Article 131 cannot be used to settle political differences between state and central governments headed by different parties.

When can Article 131 be invoked?

• For a case to fall under the ambit of Article 131, the dispute must involve a question of law or fact on which the ‘existence or extent of a legal right depends’. 
• The Article, however, doesn’t explicitly define what constitutes a legal right, or whose legal right is in question.