BENGALURU: Some state governors are doing things they shouldn’t and not doing things they should, Justice BV Nagarathna of Supreme Court said while delivering the keynote address at a National Law School of India (NLSIU) conference in Bengaluru Saturday.
The SC judge highlighted the importance of governors maintaining neutrality, quoting Durgabai Deshmukh, a member of the Constituent Assembly of India, who had emphasised that the governor’s role was intended to foster harmony and remain above party politics.
“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 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 party affairs,” Justice Nagarathna quoted Deshmukh.
“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.
Justice Nagarathna underscored the need to emphasise federalism, fraternity, fundamental rights, and principled governance. She elaborated : “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.”
The judge stressed that states should not be deemed incapable or subordinate. “The spirit of constitutional statesmanship, and not partisan brinkmanship, should be the mantra,” she said.
While acknowledging the progress made, she said: “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.”
The SC judge highlighted the importance of governors maintaining neutrality, quoting Durgabai Deshmukh, a member of the Constituent Assembly of India, who had emphasised that the governor’s role was intended to foster harmony and remain above party politics.
“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 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 party affairs,” Justice Nagarathna quoted Deshmukh.
“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.
Justice Nagarathna underscored the need to emphasise federalism, fraternity, fundamental rights, and principled governance. She elaborated : “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.”
The judge stressed that states should not be deemed incapable or subordinate. “The spirit of constitutional statesmanship, and not partisan brinkmanship, should be the mantra,” she said.
While acknowledging the progress made, she said: “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.”
