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Dispute between AAP-Centre: a federal dispute under Article 131 of the Constitution or not

SC asked the Delhi Government to appeal against Delhi HC verdict, and then they will hear its case.

Earlier Delhi High Court held that Lt. Governor is the administrative head of National Capital Territory and all the decisions taken by Delhi government without the approval of Lt. Governor were declared illegal. According to Delhi High Court, National Capital Territory is still  a UT under Article 239, though it has some special status under Article 239 AA.

Article 131 of the Constitution Of India

Our Constitution provides several mechanisms, both judicial as well as extra judicial mechanisms, for the settlement of inter-State disputes or Union- State disputes, such as

The judicial mechanism

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

  1. Between the Government of India and one or more States; or
  2. Between the Government of India and any State or States on one side and one or more other States on the other; or
  3. 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, engagements, and 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

Disputes relating to water

Article 262:

Under article 262 of the Constitution, it is permissible for Parliament, by law, to provide for the adjudication of disputes relating to inter-State rivers or river-valleys. The law so enacted can exclude the jurisdiction of the Supreme Court and other courts.

Inter-State Council

Article 263:

Article 263 of the Constitution, provides for the formation of an Inter-State Council. Although this Council has several functions, it is also competent to tender advice regarding the resolution of inter-State disputes

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