During the opening session Today (March 30th), of the Courts and the Constitution Conference hosted by NALSAR University of Law, Hyderabad, Supreme Court Justice BV Nagarathna expressed concern over state Governors engaging in litigation before constitutional courts.
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Hyderabad: In the inaugural session of the Courts and the Constitution Conference organized by NALSAR University of Law, Hyderabad, Supreme Court Justice BV Nagarathna underscored her concerns regarding the increasing involvement of state Governors in litigation before constitutional courts.
Justice Nagarathna emphasized the imperative for Governors to align their actions with the Constitution, advocating for proactive adherence rather than reactive instructions. She remarked,
“The recent trend has seen state Governors embroiled in litigation due to various actions or omissions, such as delayed assent to bills. This trend is worrisome as it undermines the constitutional framework and necessitates bringing Governors’ actions before constitutional courts. While the position carries the title of ‘gubernatorial,’ it bears significant constitutional responsibilities, demanding Governors to act in accordance with constitutional principles to mitigate such litigation. It’s disconcerting to witness Governors being directed on their duties; the time has come for them to be reminded to fulfill their obligations as dictated by the Constitution.”
These remarks gain particular significance amid recent legal disputes involving Governors, notably the concerns raised regarding the conduct of Tamil Nadu Governor RN Ravi, and instances of states like Kerala, Telangana, and Punjab resorting to legal recourse against their respective Governors.
Justice Nagarathna also commended the Supreme Court’s ongoing efforts to fortify the democratic foundation of the nation. She lauded former Chief Justice of India Uday Umesh Lalit for his prompt establishment of Constitution Benches to address crucial and long-pending cases, highlighting the judiciary’s commitment to upholding constitutional values.
Reflecting on her dissent in the demonetization case, Justice Nagarathna shared her empathy for the common citizens affected by the sudden withdrawal of currency notes, shedding light on her judicial perspective and commitment to justice for all.
“I am pleased to have been part of that bench. We all recall the events of November 8, 2016. It’s noteworthy that 86% of the currency in circulation consisted of 500 and 1,000 notes, a fact that I believe the Central government overlooked. Consider the plight of a laborer who needed to exchange his notes for daily necessities. Despite 98% of the currency returning, questions arise regarding the efficacy of demonetization in combating black money. At that time, I perceived it as a means of legitimizing black money, of unaccounted cash entering the formal system. However, the subsequent handling of income tax proceedings remains unclear. The struggles faced by the common man deeply resonated with me, prompting my dissent.”
Acknowledging the Supreme Court’s recent judgment, she noted a perceived dilution concerning the Enforcement Directorate’s obligation to provide written grounds of arrest in money laundering cases.
Regarding medical termination of pregnancy cases, she observed a shift in the Supreme Court’s stance on reproductive rights concerns.
“The discourse between pro-life and pro-choice emerged. While I won’t delve extensively into it, I emphasize the need to avoid polarizing the debate. The decision ultimately hinges on the circumstances of each case. Why did the woman approach the court, particularly beyond the stipulated time? It’s a profound decision for a woman to terminate a pregnancy. She must be psychologically prepared… it transcends mere abortion rights.”
Concluding her remarks, she reflected on the transformative journey of the Supreme Court in 2023.
“The judiciary’s potency stems from its role in delivering justice,”
-she affirmed, urging all to recommit themselves to the Constitution.
Retired Supreme Court Justice S Ravindra Bhat, Chief Justice Alok Aradhe of the Telangana High Court, Justice Sapana Malla of the Supreme Court of Nepal, and Justice Syed Mansoor Ali Shah of the Pakistani Supreme Court also addressed the gathering.
Click Here to Read Previous Reports on Justice BV Nagarathna
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