New Delhi, March 30 -- In a candid address delivered on Saturday, Supreme Court judge Justice BV Nagarathna expressed disapproval of the involvement of state Governors in litigation before constitutional courts. Justice Nagarathna emphasised the need for Governors to adhere to the Constitution without needing directives.
She said, "The recent trend has been that the Governor of a state is becoming a point of litigation because of either omission in assenting to bills or other actions which they would take. This is not a healthy trend under the Constitution to (have to) bring the actions or omissions of the Governor of a state before consideration before constitutional courts. Though it is called a gubernatorial post, it is a serious constitutional post, and Governors must act as per the Constitution so this kind of litigation reduces. It is quite embarrassing for Governors to be told to do or not do a thing. The time has come where they would be now told, I suppose, to do their duties as per the Constitution."
These remarks were made during the introductory session of the Courts and the Constitution Conference hosted by NALSAR University of Law, Hyderabad. The remarks hold significance amid recent Supreme Court concerns regarding the conduct of Tamil Nadu Governor RN Ravi and instances of states like Kerala, Telangana, and Punjab resorting to legal actions against their respective Governors, reported Bar and Bench.
Justice Nagarathna opined that the top court is bolstering the country's democratic foundation. She particularly praised former Chief Justice of India Uday Umesh Lalit for promptly constituting Constitution Benches for crucial and long-pending cases.
Reflecting on her dissent in the demonetization case, she recounted being moved by the hardships faced by ordinary citizen's post the currency withdrawal, expressing doubt about the effectiveness of the move in curbing black money.
Regarding recent judgments, she acknowledged a perceived softening in the Supreme Court's stance on certain matters, such as the requirement for the Enforcement Directorate to provide written grounds of arrest in money laundering cases.
On the issue of medical termination of pregnancy, she cautioned against polarizing the debate on pro-life and pro-choice, stressing the complexity of each case and the psychological readiness required for such decisions.
Published by HT Digital Content Services with permission from Millennium Post.