Daily Passage Test for CLAT - May 10 MCQs & solutions Free

Article 131 pertains to the primary jurisdiction of the Supreme Court, specifying that the Supreme Court possesses exclusive authority in matters arising from disputes between the Government of India and certain states within the country. It also covers disputes between the Government of India and one or more states on one side, and other states on the opposing side, as well as disputes among two or more individual states. The Supreme Court can intervene in these disputes only when there is a legal or factual question concerning the scope of legal rights at stake.

The authority for CBI investigations is derived from the Delhi Special Police Establishment Act, 1946. Section 2 of this act grants jurisdiction to the DSPE to investigate offenses within Union Territories exclusively. However, the Central Government can extend this jurisdiction to other areas, including railway zones and states, under Section 5(1) of the act, provided that the state government grants consent under Section 6 of the same act.
According to a ruling by a five-judge constitutional bench of the Supreme Court in the case of STATE OF WEST BENGAL & ORS. V. COMMITTEE FOR PROTECTION OF DEMOCRATIC RIGHTS & ORS, both the High Courts and the Supreme Court have the authority to order a CBI investigation into an alleged offense committed in a state, even without the consent of the concerned state government.

The Central Government is responsible for appointing the Director of CBI through a three-member committee. This committee is chaired by the Prime Minister and includes the Leader of Opposition in the Lok Sabha and the Chief Justice of India or a Supreme Court Judge nominated by the Chief Justice. If there is no officially recognized leader of the opposition in the Lok Sabha, the leader of the largest opposition party in the Lok Sabha becomes a member of this committee.

The Seventh Schedule of the Indian Constitution delineates the distribution of powers and responsibilities between the Union and the states.
This schedule comprises three distinct lists:

• The Union List
• The State List
• The Concurrent List

Within the framework of the Seventh Schedule, police and public order are categorized as state subjects. This means that the duty of upholding law and order, safeguarding the lives and property of citizens, and addressing issues such as crimes against women falls under the jurisdiction of the respective state governments.