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2024 Supreme(SC) 289

SURYA KANT, K. V. VISWANATHAN
State of Kerala – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Kapil Sibal, Sr. Adv. Mr. C. K. Sasi, AOR
For the Respondent(s): Mr. R Venkatramani, Attorney General for India Mr. N Venkatraman, A.S.G. Mr. Raj Bahadur Yadav, AOR Mr. Sonali Jain, Adv. Mr. Chitvan Singhal, Adv. Mr. Raman Yadav, Adv. Mr. Kartikay Aggarwal, Adv. Mr. Abhishek Kumar Pandey, Adv. Ms. Ameyvikrama Thanvi, Adv. Mr. Mukesh Kumar Singh, Adv.

Judgement Key Points

The paragraph that states this is (!) : "In light of the above observations, I.A. No. 6149 of 2024 is disposed off. It is clarified that the observations made hereinabove are for the limited purpose of deciding the prayer for ad-interim injunction and shall have no bearing on the final outcome of the Original Suit."


ORDER

SURYA KANT, J.

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”):

    (a) Amendment Act No. 13 of 2018 (dated 28.03.2018):

    By this Amendment Act, the Parliament has amended Section 4 of the Fiscal Responsibility and Budget Management Act,

    2003, whereby the Central Government is obligated to ensure that the aggregate debt of the Central Government and the State Governments does not exceed sixty percent of the gross domestic product by the end of Financial Year (F.Y.) 2024-25;

    (b) Letter No. 40(1)/PF-S/2023-24 (dated 27.03.2023):

    Through this letter, the Defendant has imposed a ‘Net Borrowing Ceiling’ on the Plaintiff - State, to restrict the maximum possible borrowing that Plaintiff could make under law. This ceiling was quantified as three percent of the projected Gross State Domestic Product (GSDP) for the F.Y. 2023-24, which came to INR 32,442 crores. This Net Borrowing Ceiling covered all sources of borrowings, including open market borrowings, loans from Financial Institutions, and the liabilities arising out of the Public Accou

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