Trace Your Case

ISSUE:

Whether the suit under Art.131 is maintainable?

Whether the notification issued by the Central Government is ultra vires the power of the government under s.3 of the Commission of Inquiry Act, 1952?

If the same is within the ambit of s.3 and whether s.3 is unconstitutional?

RULE:

The Supreme Court's initial jurisdiction over issues affecting the scope or existence of a legal right is addressed in Article 131. Such authority shall be exercised in issues involving the Central Government and one or more States, between States, or between the Government of a State and another State. Only when an issue of law or fact arises can the Court take up a dispute under Article 131 of the Constitution. Additionally, it depends on how much of a legal right is at stake.

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