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Article 131 UPSC NOTE

 Why in news

  • The Supreme Court refused to accept at face value the Centre’s claim that it has no control over the Central Bureau of Investigation (CBI), asking who else can send the premier investigating agency to States to investigate cases.

  • The court was hearing an original suit filed by the State of West Bengal under Article 131 of the Constitution, accusing the Union government of “interfering” in cases originating within the State’s jurisdiction by unilaterally authorising the CBI to probe them. 

  • West Bengal said the Centre continues to employ the CBI, though the State had withdrawn its general consent to the agency for investigations within its territory under Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946 in November 2018

  • The CBI has registered over 15 cases in West Bengal.

  • Solicitor general Justice Tushar Mehta drew his attention to Section 5(1) of the DSPE Act, the statute which governs the premier investigating agency, regarding the case

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 Slates;

  • (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, named 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.

Section 5(1) of the DSPE Act

  • The Central Government may by order extend to any area (including Railway areas), in a State, not being a Union Territory the powers and jurisdiction of members of the Delhi Special Police Establishment for the investigation of any offences or classes of offences specified in a notification under section 3


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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Article 131 UPSC NOTE
Article 131 UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
https://www.learnerz.in/2024/05/article-131-upsc-note.html
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