Supreme Court judge Justice BV Nagarathna on Saturday underscored that Centre-State relations must remain rooted in constitutional governance and cannot depend on which political party is in power, stressing that citizens of a State cannot be discriminated against in matters of development or governance. Justice BV Nagarathna also said that institutions such as the Election Commission of India (ECI) must function independently if constitutional governance is to remain intact.
Speaking at the 1st Dr Rajendra Prasad Memorial Lecture on "Constitutionalism beyond Rights: Why Structure Matters" at Chanakya National Law University, Patna, Justice Nagarathna said that "the Centre ought to view the States as coordinates and not subordinates."
"The State Governments are not subordinate to the Union Government except as stipulated under the Constitution and therefore, must be accorded the treatment that is due to them irrespective of the political parties that may be in power. Interparty differences or distinct political ideologies have to be kept aside in the matter of Centre – State relations as the latter is in the realm of constitutional governance which would not depend on which party may be ruling at the Centre and which other party may be ruling at the State level.
The citizens must have the benefit of both Governments with regard to the welfare schemes and measures that are initiated by the respective Governments," she said.She remarked that citizens of a State can't be discriminated against in matters of development or in governance. There can't be a pick and choose approach vis-a-vis the States when it is in the realm of development programmes for the citizens of a State. Equity therefore must be adopted as a matter of approach.
Highlighting the vertical division of authority in the Constitution, Justice Nagarathna stated that no single centre can monopolise political power. She explained that the federal design distributes authority between the Union and the States to ensure balance, accountability, and responsiveness in governance." Increase in conflict between the States of the Union or between the Centre and the States does not augur well for the nation. This creates a dent in constitutional form of governance which must be avoided always for, the strength of the nation is based on constitutional foundation and principles.
Issues such as border disputes or water-sharing disputes are too complex, sensitive, and enduring to be reduced to adversarial litigation before the Courts alone."Justice Nagarathna further spoke on how the Constitution does not repose ultimate trust in any single institution: the legislature, executive or the judiciary. Instead, it relies on a system in which each institution restrains the others, and is in turn restrained by them through separation of powers.
The event also saw the presence of Justice Ahsanuddin Amanullah of the Supreme Court, Chief Justice Sangam Kumar Sahoo of the Patna High Court (Chancellor of CNLU), and Vice-Chancellor Faizan Mustafa.
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