BENGALURU: In a notable address at the National Law School of India (NLSIU) conference held in Bengaluru, Justice BV Nagarathna of the Supreme Court highlighted critical issues regarding the role of state governors in India. Justice Nagarathna asserted that some governors are engaging in activities they should avoid and failing to fulfill their essential duties. Her remarks emphasized the need for governors to adhere to their intended role of neutrality and harmony.
Justice Nagarathna referenced Durgabai Deshmukh, a respected member of the Constituent Assembly of India, to underline the original vision for the governor’s role. Deshmukh had articulated that the governor’s position was designed to be a stabilizing force, fostering harmony and bridging gaps between conflicting groups. The role was envisaged as a mechanism to rise above party politics and factions, ensuring that the governor’s actions were guided by principles of impartiality and cohesion.
“In today’s times, unfortunately, some governors in India are playing a role where they ought not to and are inactive where they ought to be,” Justice Nagarathna remarked, signaling her concern over the divergence from this ideal. This deviation, according to her, reflects a broader issue where the intended neutrality of the governor’s office is compromised by political maneuvering and inactivity in critical areas.
The Supreme Court judge’s critique was not merely an observation but a call to reaffirm the principles of federalism, fraternity, fundamental rights, and principled governance. Justice Nagarathna stressed that the Union and state governments must adhere to their respective mandates—addressing national and regional matters with a spirit of cooperation rather than discord.
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She elaborated on the necessity for governors to focus on their constitutional responsibilities and avoid being swayed by partisan interests. “It needs to be borne in mind that Union and the state have the mandate to attend to subjects of national and regional import respectively,” she said. Her emphasis was on ensuring that states are not perceived as incapable or subordinate, but rather as integral entities with a distinct role within the federal structure.
The judge’s comments also underscored the importance of upholding the values enshrined in the Constitution. Despite acknowledging the progress made over time, Justice Nagarathna pointed out that the Constitution remains a powerful symbol of democratic ideals. “Fortunately, there is a Constitution which touches, moves and inspires our collective lives like the North Star. It is a permanent reminder that a more democratic, a more equal, a more just and a more tolerant nation continues to remain an ideal, even in contemporary times,” she remarked.
Justice Nagarathna’s address was a poignant reminder of the governor’s role as envisioned by the framers of the Constitution. It called for a return to the core values of neutrality and principled governance, emphasizing that governors must act as impartial arbiters rather than active participants in political disputes. Her insights reflect a deep commitment to maintaining the integrity of constitutional institutions and ensuring that they function in a manner consistent with their foundational purposes.
In summary, Justice Nagarathna’s keynote address at the NLSIU conference brought to light significant concerns about the functioning of some state governors. Her emphasis on neutrality, federalism, and adherence to constitutional values serves as a critical reminder of the need for governors to fulfill their roles with the impartiality and responsibility originally intended.
