Date:09/09/2006 URL: http://www.thehindu.com/2006/09/09/stories/2006090913250300.htm

Karnataka - Belgaum

`Maharashtra's suit not maintainable'

Staff Correspondent

Rama Jois reportedly said that only Parliament could alter a State's border

Belgaum: The Belgaum District Kannada Organisations Action Committee (BDKOAC) has quoted legal luminary from the State and former Chief Justice of Punjab and Haryana High Court Justice M. Rama Jois as saying the suit filed by Maharashtra was not maintainable.

The committee had sought the views of Mr. Jois on the Maharashtra's suit before the Supreme Court on the border dispute - demanding transfer of Belgaum and other villages and towns in the State to Maharashtra.

Committee president Ashok Chandargi, quoting Mr. Jois, said under Article 131 of the Constitution original jurisdiction was conferred on the Supreme Court in any suit inter alia between two or more States, if and in so far as the dispute involved any question on law or fact on which the existence or extent of a "legal right" depended.

The precedent for maintaining a suit under Article 131 as a condition precedent for exercising of the jurisdiction of the Supreme Court was the existence of a legal right. "No State has any legal right over any part of the territory of the country. Hence, the suit filed by Maharashtra is not maintainable and the issue is not justifiable at the hands of the Supreme Court," he said

He quoted Mr. Jois as saying that as far as the subject of reorganisation of the States was concerned, Article 3 and 4 of the Constitution conferred exclusive jurisdiction on Parliament. Parliament has got powers to form new States, alter the area, borders and names of the existing States.

This power of Parliament is not subject to any condition. In such matters, Parliament was supreme.

There being no legal right in any State over any part of the territory of the country, dispute under Article 131 regarding the law made by Parliament under Article 3 was not maintainable, he said.