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In case of a dispute arising out of any treaty or agreement which was executed before the commencement…

The proviso to Article 131 excludes the specified disputes arising from continuing pre-Constitution treaties or agreements from the Supreme Court’s original jurisdiction.…

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In case of a dispute arising out of any treaty or agreement which was executed before the commencement of the Constitution and continues in operation, which of the following jurisdiction of the Supreme Court shall apply?

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Correct answer A

The proviso to Article 131 excludes the specified disputes arising from continuing pre-Constitution treaties or agreements from the Supreme Court’s original jurisdiction. Article 143(2) allows the President to refer a dispute of that kind to the Court for its opinion. The relevant route is therefore advisory jurisdiction through a presidential reference, rather than an original suit automatically entertained by the Court.

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