The state government has also filed an original suit under Article 131 of the Constitution. This article allows the state to move directly to the Supreme Court where a dispute arises between the state government and the Centre.

"The plaintiff (state) respectfully submits that the NIA Act is ultra vires to the Constitution and is beyond legislative competence of Parliament since the Act empowers the defendant (Centre) to create an agency for investigation, which notwithstanding the NIA, is carried out by state police, which is a subject matter of the state under entry 2, List 2, Schedule 7, of the Constitution," said the state government in the suit.