Topic: Indian Constitution– historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
3. Discuss the significance of Article 131 of the Indian constitution, Can States challenge the validity of central laws under it? Justify your stand with suitable examples.(250 words)
Why this question:
The article discusses in depth the features and scope provided by article 131 and whether States can challenge the validity of central laws in the country.
Key demand of the question:
Discuss in detail the provisions of Article 131 and how far it has been used in the past and what benefits and disadvantages it has to offer to the States in challenging the Central laws.
Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.
Structure of the answer:
Define Article 131 in short.
- Article 131 confers exclusive jurisdiction on the Supreme Court in disputes involving States, or the Centre on the one hand and one or more States on the other. This means no other court can entertain such a dispute. It is well-known that both High Courts and the Supreme Court have the power to adjudicate cases against the State and Central governments.
- Explain what happens when a State feels its legal rights have been violated by another State or by the Centre?
- Discuss the recent case of the State of Kerala; take hints from the article and present your case.
Conclude with significance of such a provision in the constitution of the country.