Supreme Court of India

State of Kerala v. Union of India

Neutral citation
Reported as [2024] 4 S.C.R. 13
Bench Surya Kant and K.V. Viswanathan JJ.
Decided 1 April 2024

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the view that since the Plaintiff – State has failed to establish the three prongs of proving prima facie case, balance of convenience and irreparable injury, State of Kerala is not entitled to the interim injunction, as prayed for.

Judgment, page 16

From the headnote

Issue for Consideration What is the true import and interpretation of the expression “if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends” contained in Article 131 of the Constitution; Does Article 293 of the Constitution vest a State with an enforceable right to raise borrowing from the Union government and/or other sources and if yes, to what extent such right can be regulated by the Union government; Can the borrowing by State-Owned Enterprises and liabilities arising out of the Public Account be included

Authorities it was built on

Sign in free to read it

  • The full judgment, page by page, as published in the Supreme Court Reports
  • The ratio: what the Court held, verbatim, with the page it sits on
  • Every bench that relied on it, and every bench that argued against it
  • Search every reported judgment, by party, citation or question
  • Download the PDF, copy pinpoint citations ready for a filing
Sign in to read - for free

An email address, no password.