Another Supreme Court Judge Recuses From Hearing Border Dispute Between Maharashtra and Karnataka

The matter was listed before a Bench comprising Justice SK Kaul, Justice Ahsanuddin Amanullah and Justice Aravind Kumar. The matter was listed before a Bench comprising Justice SK Kaul, Justice Ahsanuddin Amanullah and Justice Aravind Kumar. Senior Advocate, Mr. CS Vaidyanathan mentioned the matter and apprised the Bench that ‘in the past some of the judges from the two states (Maharashtra and Karnataka) had refused themselves’.

The Bench asked the present petition to be listed before a Bench wherein Justice Kumar is not a member. It noted - 

“List before a Bench of which one of us (J. Kumar) is not a member'. 

Previously three other judges, Justice Abdul Nazeer, Justice M. Shantanagoudar and Justice BV Nagarathna(all of them hailing from Karnataka) had recused from hearing the matter.

In 2004, the State of Maharashtra had filed a suit challenging the State Reorganisation Act, 1956. The Act demarcates boundaries along linguistic lines. Maharashtra’s contention was that in several villages in the State of Karnataka there are Marathi-speaking population. Therefore, it claimed that these areas, which includes Belagavi, should be part of Maharashtra and not Karnataka. On the other hand, the State of Karnataka had argued that under Article 3 of the Constitution of India only the Parliament can decide on State borders. It was also averred that the basis for the demarcation of boundaries was not only linguistic, but financial, administrative and economic aspects were also taken into consideration.

[Case Title: State of Maharashtra v. UoI Original Suit No. 4/2004]