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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.
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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.