New Delhi: The Supreme Court on Wednesday (March 6) said that it is a state’s constitutional right, under Article 131, to file a petition against the Union government, and so the Centre was wrong to say it would accept Kerala’s request for additional borrowing only if it withdraws its suit filed in the apex court.
A bench of Justices Surya Kant and K.V. Viswanathan was hearing the plea filed by the Kerala government against borrowing limits for states imposed by the Union government. On the previous hearing date, the bench was told that the Union had allowed Rs 13, 608 crore additional borrowing, but on the condition that the state withdraw its petition, LiveLaw reported.
On Wednesday, the judges asked how a condition like this could be placed, since it is a state’s right to approach the apex court. “One condition was that the demand can be considered only after the disposal or withdrawal of the suit. We are saying, for the time being, you can insist for acceptance of other conditions…but what we only want to suggest, you don’t insist on the condition of withdrawal of the suit. Rest of the conditions, we understand your concerns,” Justice Kant said, according to LiveLaw.
“As an ad-hoc, provisional, interim arrangement, and to provide sufficient space…to bail out them from the crisis they perceive, all other conditions you are entitled to insist on except the condition of withdrawal of the suit,” he continued.
“Would you be able to say this to an individual litigant? You can’t say withdraw the suit. It is a constitutional right under Article 131,” Justice Viswanathan added.
The court said it would not pass any orders for the moment, and the state and Union governments should hold a meeting to try and sort the matter out.
“Hold a meeting, take this 13,608, make out a case for the remaining, except for the condition of withdrawal of suit,” Justice Kant told both the parties.
“We will do one thing. Rs 13, 608 crores, you (Union) yourself will do. We aren’t passing any order. As regards additional demand, a meeting be held, either today or tomorrow. And if you find, some additional amount can be released, subject to whatever conditions permissible as per Constitution except the condition for withdrawal of suit, do it,” Justice Kant told the AG and the ASG.
