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With regard to the exclusive original jurisdiction of the Supreme Court, two points should be noted. One, the dispute must involve a question (whether of law or fact) on which the existence or extent of a legal right depends. Thus, the questions of political nature are excluded from it. Two, any suit brought before the Supreme Court by a private citizen against the Centre or a state cannot be entertained under this. Further, this jurisdiction of the Supreme Court does not extend to the following: (a) A dispute arising out of any pre-Constitution treaty, agreement, covenant, engagement, sanad or other similar instrument. 8 (b) A dispute arising out of any treaty, agreement, etc., which specifically provides that the said jurisdiction does not extent to such a dispute. 9 (c) Inter-state water disputes. 10 (d) Matters referred to the Finance Commission. (e) Adjustment of certain expenses and pensions between the Centre and the states. (f) Ordinary dispute of Commercial nature between the Centre and the states. (g) Recovery of damages by a state against the Centre.
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