In a landmark decision, the Supreme Court upheld West Bengal’s original suit against the Union of India, challenging the CBI’s authority to register cases within the state without its consent. This ruling provided a fresh interpretation of Article 131 of the Indian Constitution, which deals with the Supreme Court’s original jurisdiction in disputes between the Centre and the states.
The backdrop of the case involved West Bengal revoking its consent for the CBI to investigate crimes within its territory, a move ignored by the central agency. The state argued this as an overreach by the Union, emphasizing that Article 131 grants states immunity from the Union’s power.
Despite strong arguments from the Solicitor General citing the CBI’s independent legal identity and previous judgments like the 1977 State of Rajasthan case, the Court maintained that Article 131’s forum is meant for disputes involving legal rights. The contention that the CBI cannot be equated with the Government of India under Article 131 was also dismissed, with the Court clarifying the central government’s supervisory role over the CBI as per the Delhi Special Police Establishment Act.
The Supreme Court underscored that Article 131’s jurisdiction is exclusive, provided no other constitutional provisions are breached. This interpretation means that ongoing proceedings under other constitutional articles do not hinder recourse to Article 131. The ruling solidifies the state’s position, asserting that the CBI, under the current statutory scheme, remains an instrumentality of the Union and must respect the state’s consent for jurisdiction.
In essence, this judgment reaffirms the delicate balance of power between the Centre and the states, ensuring that state sovereignty is upheld within the constitutional framework.
