VidhiSangh

Supreme Court of India · 01/04/2024

STATE OF KERALA versus UNION OF INDIA

[2024] 4 S.C.R. 13 · 2024 INSC 253

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Kerala’s borrowing dispute raised substantial constitutional questions requiring a five-judge Bench, including Article 293 powers, public-account and State-enterprise liabilities and Article 131 rights. Pending that determination, the State failed the heightened test for a mandatory interim injunction enabling additional borrowing. Its claimed available fiscal space was not established, national fiscal risks outweighed interim hardship, and monetary loss was potentially adjustable. Interim relief was refused; all financial and constitutional observations remained provisional and the suit was referred.

Issues

  1. Which constitutional borrowing and original-jurisdiction questions required a five-judge Bench.
  2. Whether Kerala established the heightened three-part test for mandatory interim relief.
  3. How disputed fiscal space, national consequences and financial hardship affected that request.

Provisions considered

Held

Result

Interim injunction refused and IA 6149/2024 disposed of. Main suit referred for an appropriate five-judge Bench through the Chief Justice; all interim observations expressly without prejudice to final determination.

Judgment PDF: Supreme Court of India, [2024] 4 S.C.R. 13.