Breaking: Kerala v. Karnataka Border dispute amid Coronavirus Lockdown reaches Supreme Court

The State of Karnataka has moved the Supreme Court challenging the Kerala High Court order directing the Central Government to lift blockades erected by the State of Karnataka on the Kerala-Karnataka border amid the Coronavirus lockdown..The petition filed in this regard for the State of Karnataka by Advocate Shubhranshu Padhi argues that, "any opening of the road will lead to disastrous consequences." .Further it is contended that, ."The sealing of the state borders with the neighbouring states is in the interest of public health especially when there is a grave concern of spreading of the disease from the Bordering- Districts of the State of Kerala where the situation is really dire. The entire country is going through a lockdown and it is of grave importance that the affected districts of COVID be sealed and the pandemic be stopped from spreading to newer areas. It is submitted that the Impugned Order would lead to grave consequences for the people of the adjoining districts in the State of Karnataka."State of Karnataka.Following its hearing yesterday via video conferencing, a Division Bench of the Kerala High Court had ordered the Central Government to intervene in the matter and ensure that the blockades erected by the State of Karnataka are removed to facilitate the free movement of vehicles carrying persons for urgent medical treatment, across the border between the two States..Breaking: Kerala HC directs Centre to remove blockades on Karnataka-Kerala Border erected by State of Karnataka amid Coronavirus Lockdown.The order was passed despite stiff opposition made for the State of Karnataka by its Advocate General Prabhuling Navadgi, who contended that the Kerala High Court did not have the jurisdiction to deal with the issue in the first place. .Rather, it was contended that the rigours of Article 131 of the Constitution of India would apply in what was stated to be essentially an inter-state dispute. .It is Karnataka’s stance that the appropriate forum for the dispute was either the Karnataka High Court, given that the alleged cause of action arose only after persons attempted to enter the territorial limits of Karnataka, or the Supreme Court in view of Article 131 of the Constitution..This stance has been echoed in the plea moved today challenging the Kerala High Court's interim order, which states, ."Ex facie the said Public Interest Litigation seeking an issuance of a writ of mandamus directing the State of Karnataka to open up its State Borders which have been sealed in larger public interest was itself not maintainable and the directions issued by the Hon’ble (Kerala) High Court are beyond the powers conferred under Article 226 and 227 of the Constitution of India."State of Karnataka.Inter alia, the Government of Karnataka has also argued in its petition that:The decision to close its borders with Kerala and other neighbouring states is based on adequate material which showed that the facilities in the Mangalore district would not support patients from outside the State and there was every possibility of a serious outbreak of the COVID-19 in the border districts of Karnataka if free ingress and outgress of patients is allowed.The March 31 order which banned such movement was passed in circumstances involving extreme urgency, and the same was not called in question by the Kerala High Court.The Kerala High Court's assumption that the Central Government has overriding powers over all National Highway completely fallacious. Rather, it is argued that the Centre only has limited powers to manage and administer National Highways. Pertinently, it is emphasised that such powers would not take away the State's power to regulate movement within its territorial boundaries. It is added, "In a federal structure of our country, the relations between the Union of India and the State Governments is that of a delicate balance and any High Court would be loathe to interfere with the same under Article 226 of the Constitution of India."Further, the State of Karnataka has pointed out that there are two alternate routes for transporting goods from Mysore to Kunnur, "which is only 21 Kms longer and is being kept open."