Justice BV Nagarathna Critiques Governors’ Constitutional Conduct in Keynote Speech
Governors’ Role Under Scrutiny:
Supreme Court Judge Justice BV Nagarathna has expressed concern over the inconsistent performance of Governors in their constitutional roles. Speaking at the Pluralist Agreement and Constitutional Transformation Conference organized by the National Law School of India University (NLSIU), Bengaluru, Justice Nagarathna highlighted that some Governors are overstepping their boundaries while others are failing to act when necessary.
Historical and Constitutional Reflections:
In her keynote address, Justice Nagarathna referenced freedom fighter G. Durgabai, emphasizing that the neutrality of Governors should be maintained. She criticized the current state of governance, stating, “Some of the Governors in India are playing a role where they ought not to and are inactive where they ought to be.”
Conference Insights:
The conference, themed “Home in the Nation: Indian Women’s Constitutional Imagination,” was also attended by Karnataka High Court Chief Justice NV Anjaria and NLSIU Vice-Chancellor Prof (Dr) Sudhir Krishnaswamy. Justice Nagarathna discussed how the freedom movement was not just about political freedom but also about social reforms.
Constitutional Aspirations and Women’s Role:
Justice Nagarathna highlighted that the Indian Constitution embodies a struggle against various forms of oppression, including those based on race and caste. She noted that the inclusion of women in the Constituent Assembly had a significant impact on shaping the Constitution’s transformative nature.
She asserted, “Nationalism in India was neither solely the domain of men nor merely focused on political liberty. The Indian women’s movement played a crucial role in shaping a transformative and pragmatic constitutional vision.”
Recognition of Founding Mothers:
Justice Nagarathna urged that constitutional morality and design, influenced by the founding mothers, should not be reduced to mere elements of the women’s movement. Instead, these contributions should be recognized for their constitutional foresight and significance.
Call for Constitutional Reflection:
In concluding her address, Justice Nagarathna urged for reflection on whether the founding ideals of India have been fully realized. She emphasized the importance of federalism, fraternity, fundamental rights, and principled governance as essential to deepening Indian constitutionalism.
She concluded, “The Constitution remains our guiding star, reminding us of the ideals of democracy, equality, justice, and tolerance that we must continually strive to achieve.”
Previous Remarks:
Earlier this year, in March, Justice Nagarathna had similarly urged Governors to align their actions with constitutional principles rather than following specific directives.
(With inputs from agency)
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