The
Kerala government on Friday moved the Supreme Court seeking early setting up of
a five-judge Constitution bench to hear its lawsuit against the Centre raising
the issue of ceiling on net borrowing.
The
state government has raised a question whether a State has an enforceable right
to raise its borrowing limits from the Union government and other sources.
A
bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and
Manoj Misra was told by senior lawyer Kapil Sibal, appearing for the state
government, that the matter was referred to a Constitution bench on April 1 and
the apex court official was not sending an email for setting up of the bench.
I
will look into it, the CJI said.
A
bench of Justices Surya Kant and K V Viswanathan on April 1 had referred the
matter to a five-judge Constitution bench and this can now be set up by the CJI
by an administrative order.
The
apex court, however, had refused to grant any interim injunction to Kerala,
saying the state has secured "substantial relief" during the pendency
of the interim application.
The bench had referred to Article 293 of the
Constitution, which deals with borrowing by states, and said this provision has
not been so far subject to any authoritative interpretation by the apex court.
"Since Article 293 of the Constitution has not
been so far the subject to any authoritative interpretation by this court, in
our considered opinion, the aforesaid questions squarely fall within the ambit
of Article 145(3) of the Constitution. We, therefore, deem it appropriate to
refer these questions for pronouncement by a bench comprising five
judges," it had said.