GEOGRAPHICAL CHAUVINISM- A CLASH OF FEDERATION!!!

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15 Feb GEOGRAPHICAL CHAUVINISM- A CLASH OF FEDERATION!!!

Posted at 15 Feb 2021 in Current Affairs, GS Paper II, Indian Polity by
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Context- 

  • Andhra Pradesh conducted Panchayat Election in a territory claimed by Odisha.

What is the issue???

  • Koraput district is claimed by both Odhisha and Andhra Pradesh.
  •  The Honourable Supreme Court of India stayed the election but Andhra Pradesh conducted the election which is considered as a violation of law.

Constitutional legal perspective:

  • Article 263 of the Indian constitution empowers the President to form an Inter-state council which will be chaired by the Prime Minister to solve the issue.
  •  Under the State Reorganization Act, Zonal council was created to solve the inter-state disputes.
  • According to Article 136, if the party is not satisfied then by using Special Leave Petition, the concern party can approach the apex court to solve the dispute.
  • Using Article 142, the apex court can take action to provide complete justice in any matter.
  • Article 131 of the Indian Constitution which is the original jurisdiction of the apex court confers on the Supreme Court of India, exclusive jurisdiction to deal with disputes involving legal rights. This article covers any dispute between centre and state, between two or more states and between state and state.
  • Article 263 of the Indian constitution empowers the President to form an Inter-state council which will be chaired by the Prime Minister to solve the issue.
  •  Under the State Reorganization Act, Zonal council was created to solve the inter-state disputes.
  • According to Article 136, if the party is not satisfied then by using Special Leave Petition, the concern party can approach the apex court to solve the dispute.
  • Using Article 142, the apex court can take action to provide complete justice in any matter.
  • Article 131 of the Indian Constitution which is the original jurisdiction of the apex court confers on the Supreme Court of India, exclusive jurisdiction to deal with disputes involving legal rights. This article covers any dispute between centre and state, between two or more states and between state and state.
RELATED VALUE ADDITION:

  • Supreme Court in a 2006 case between State of Odisha Vs State of Andhra Pradesh says that the court cannot entertain suits between states relating to the dispute arising out of agreements. Having been entered into or executed before the commencement of the constitution.
  • Parliament is the only authority to determine the territorial limits of the states.

(Source- The Hindu)

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