Supreme Court Justice BV Nagarathna Expresses Apprehension Regarding Governors’ Actions and Inactions Leading to Legal Disputes
Supreme Court Justice BV Nagarathna expressed apprehension regarding a recent pattern wherein State Governors have become embroiled in legal disputes due to their actions and inactions concerning State Bills and other matters.
During the Courts and The Constitution Conference held by NALSAR University in Hyderabad, Justice Nagarathna voiced concern, stating that bringing the actions or inactions of State Governors before constitutional courts was an unfavorable development under the Constitution.
Justice Nagarathna emphasized the significant constitutional role of the Governor’s office, stressing that Governors must fulfill their duties in accordance with the Constitution to minimize litigation before the courts. She noted the discomfort in having to instruct Governors on their constitutional obligations, emphasizing that they should adhere to constitutional principles.
The recent rebuke of Tamil Nadu Governor RN Ravi by the country’s top court exemplified this trend. The Supreme Court, comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, criticized Governor RN Ravi for disregarding a Supreme Court ruling regarding the re-induction of MLA K Ponmudi as a Minister.
The court’s concern over the Governor’s conduct extended to instances where Governors delayed the passage of Bills approved by their respective State Legislatures. The Apex Court admonished Governors Banwarilal Purohit of Punjab, RN Ravi of Tamil Nadu, and Arif Mohammad Khan of Kerala for disrupting the legislative process and undermining democratic principles.
Highlighting the importance of upholding established traditions and conventions, the Supreme Court underscored the vital role Governors play in maintaining India’s parliamentary democracy. Failure to adhere to constitutional norms by Governors could jeopardize India’s democratic framework.
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