LAWS(SC)-2024-4-1

STATE OF KERALA Vs. UNION OF INDIA

Decided On April 01, 2024
STATE OF KERALA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) State of Kerala has instituted this Original Suit under Article 131 of the Constitution of India against the Union of India, challenging, inter alia, the following (collectively, the "Impugned Actions"):

(2.) The instant suit has been filed on the premise that by undertaking the Impugned Actions, the Defendant - Union of India has exceeded its power under Article 293 of the Constitution of India, which provides:

(3.) Besides the afore-mentioned final relief in the suit, the Plaintiff -State also seeks interim injunction, inter alia, to mandate Union of India: (a) to restore the position that existed before the Defendant imposed ceiling on all the borrowings of the Plaintiff; and (b) to enable the Plaintiff to borrow INR 26,226 crores on an immediate basis.