Justice B.V. Nagarathna remarked that the cases against governors in the Supreme Court highlight a troubling narrative about their constitutional role in India. She emphasized the gravity of these legal battles, which reflect poorly on the office of the governor. This situation, she noted, undermines the respect and integrity associated with the gubernatorial position.
New Delhi: Supreme Court judge Justice B.V. Nagarathna on Saturday criticized the governors in India for overstepping their roles and remaining inactive when they should be taking action, describing the cases against governors in the Supreme Court as a “sad story.”
Supreme Court judge Justice B.V. Nagarathna remarked,
“The cases against Governors in the Supreme Court tell a sad story about the constitutional position of the Governor in India.”
Delivering her closing keynote address on “Home in the Nation: Indian Women’s Constitutional Imaginaries” at the NLSIU-PACT conference on Saturday,
Justice B.V. Nagarathna remarked,
“In today’s times, unfortunately, some of the Governors in India are playing roles where they ought not to and are inactive where they ought to be.”
She elucidated the concept of the, “Neutrality of Governor”
By quoting Durgabai Deshmukh, a member of the Constituent Assembly of India“
“Certain functions are expected to be discharged by the Governor. We wanted 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.”
Justice Nagarathna also reflected on the value of fraternity in her speech, stating,
“Fraternity, even today, remains the least understood, least discussed, and perhaps the least practiced of the four ideals like federalism, fraternity, fundamental rights, and principled governance spelled out in the preamble of India’s Constitution.”
She emphasized the Constitution’s significant view of fraternity as a source of affirming the dignity of the individual and the unity of the nation.
She said,
“The former is accomplished by recognizing the moral equality of individuals, upheld through mutual respect despite all our differences of religious belief, caste, language, culture, ethnicity, class, and gender. The idea of the unity of the nation being derived from fraternity is even more significant. Fraternity may perhaps even be the key to the deepening of our democracy,”
“It is in this context that I state that the quest towards achieving the ideal of fraternity must begin with an acknowledgment by every citizen of his/her fundamental duties, which are enumerated under Article 51A of the Constitution.”
Justice Nagarathna concluded by advocating for the evolution of society from a constitutional society to a constitutional polity.
She stated,
“This means our political life should emphasize the hallowed goals enshrined in the Preamble of the Constitution. Our public policies cannot be unmoored from the principle of economic democracy,”
Regarding the cases against Governors in the Supreme Court, she said,
“The cases against Governors in the Supreme Court tell a sad story about the constitutional position of the Governor in India.”
Justice B.V. Nagarathna emphasized that to strengthen Indian constitutionalism, the nation must focus on “federalism, fraternity, fundamental rights, and principled governance.”
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Amid increasing tensions between the central government and opposition-ruled states, she stressed that states should not be regarded as “incapable or subordinate,” advocating instead for a mantra of constitutional statesmanship.
Appointed to the Supreme Court in 2021, Justice B.V. Nagarathna has been involved in several landmark rulings. Set to become the Chief Justice of India (CJI) in September 2027, she delivered notable dissenting opinions. In the 2023 Supreme Court ruling that upheld demonetization, Justice Nagarathna the sole dissenter, highlighting procedural lapses.
In the same year, in an abortion case involving a 26-week-old fetus, she prioritized the woman’s autonomy over the rights of the fetus, while her colleague on the Bench, Justice Hima Kohli, ruled against the abortion.