5 min readBengaluruAug 4, 2024 10:31 AM IST
First published on: Aug 4, 2024 at 07:25 AM IST
Supreme Court judge Justice B V Nagarathna on Saturday said governors in India were playing a role where they ought not to and were inactive when they should be playing an active role, calling the cases against governors before the top court a “sad story”.
Her remarks have come in the backdrop of states such as Kerala and Tamil Nadu moving the Supreme Court over their governors withholding assent to Bills and the court, in a separate matter, agreeing to examine the question of immunity to governors from criminal prosecution, granted under Article 361 of the Constitution.
Delivering the closing keynote address at the NLSIU PACT Conference — on “Home in the Nation: Indian Women’s Constitutional Imaginaries” — in Bengaluru, Justice Nagarathna said, “… in today’s times unfortunately some of the Governors in India are playing a role where they ought not to and are inactive where they ought to be. Cases against the Governors in the Supreme Court is a sad story on the constitutional position of the Governor in India.”
Quoting lawyer and social worker Durgabai Deshmukh on the subject of “neutrality of Governors”, Justice Nagarathna said, “Certain functions are expected to be discharged by the Governor. We want to introduce the Governor in our Constitution because we thought that an element of harmony would be there and that institution would bring about some sort of understanding and harmony between the conflicting groups of people if really the Governor is conscious of his duties and he functions well. It is only for this purpose this is proposed. The governing idea is to place the governor above party politics, above factions and not to subject him to the party affairs.”
The Supreme Court judge’s comments also come amid an ongoing disagreement between Karnataka Governor Thaawar Chand Gehlot and the Congress government in the state over the alleged MUDA (Mysore Urban Development Authority) site allotment scam in which the name of Chief Minister Siddaramaiah’s wife Parvathi has come up. Gehlot last week issued a show-cause notice to Siddaramaiah.
On Thursday, the Karnataka government passed a resolution “strongly advising” the governor to withdraw the notice.
Justice Nagarathna said to deepen Indian constitutionalism, the nation should emphasise “federalism, fraternity, fundamental rights and principled governance”. With growing confrontations between Centre and Opposition-ruled states, Justice Nagarathna underlined that states should not be presumed “incapable or subordinate” and the mantra should be of constitutional statesmanship.
“It needs to be borne in mind that the Union and the state have the mandate to attend to subjects of national and regional import respectively. The subjects under the state’s jurisdiction are not insignificant nor should states be presumed incapable or subordinate. The spirit of constitutional statesmanship and not partisan brinkmanship should be the mantra.”
Justice Nagarathna said that fraternity was the least practised of the four ideals spelt out in the Preamble of the Constitution and said the quest to achieve the ideal of fraternity must begin with an “acknowledgement by every citizen of his or her Fundamental Duties which are enumerated under Article 51A of the Constitution”.
The Supreme Court judge also emphasised that society would secure true “constructive citizenship” with the financial independence of women. “I must note that the most secured tool for social reform and against economic exploitation of women is the financial independence of women. A woman’s ambition to participate, constructively contribute and grow in the formal workforce is often hindered due to the lack of sharing of household duties and responsibilities such as rearing children or carrying out domestic chores. For a transformative change in society and securing true ‘constructive citizenship’ the protection of law must ensure that women don’t have to strike a bargain between motherhood and employment,” she said.
Justice Nagarathna, who was appointed to the Supreme Court in 2021, has been part of several landmark verdicts. Slated to be the Chief Justice of India (CJI) in September 2027, she delivered notable dissenting opinions. In the 2023 top court ruling upholding demonetisation, Justice Nagarathna was the lone dissenter underlining the lapses in due process. The same year, in an abortion case involving a 26-week foetus, she placed the woman’s autonomy over the rights of the foetus. The other judge on the Bench, Justice Hima Kohli, ruled against the abortion.
Justice Nagarathna said that fraternity was the least practised of the four ideals spelt out in the Preamble of the Constitution and said the quest to achieve the ideal of fraternity must begin with an “acknowledgement by every citizen of his or her Fundamental Duties which are enumerated under Article 51A of the Constitution”.
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