Centre Should Not View States As Subordinates; Citizens Of A State Cannot Be Discriminated Against: Justice BV Nagarathna

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.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.States cannot be discriminated againstShe 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."The Constitution of India is said to be federal in structure and unitary in spirit. Therefore, the citizens of a State cannot be discriminated against in matters of development or in governance. There cannot be a pick and choose approach vis-à-vis the States when it is in the realm of development programmes for the citizens of a State. Equity as a matter of a fair approach must be adopted."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.Friction between Union-States or between States not good for the nationJustice Nagarathna cautioned :"Thus, 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. A mature federation ought not rush to courts as adversaries; instead it should turn to dialogue, negotiation, and mediation. When States begin filing suits against one another, or against the Centre, it reflects not strength, but a weakening of cooperative federalism. 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."The Constitution does not repose ultimate trust in any single institutionJustice 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. For instance, the Parliament's power is not unbound. It is subject to substantive limitations under Article 13, which invalidates laws that contravene with fundamenta. rights. It is also subject to structural limitations arising from federal distribution of legislative competence under Articles 245 and 246 and the subjects mentioned in the three lists in the Seventh Schedule. Lastly, it is subject to judicial review under Articles 32 and 226.Similarly, the executive is rendered answerable to the legislature through questions, meaningful debates, motions and even the possibility of a vote of no confidence. Even the actions of the executive are subject to judicial review. She then added that even the judicial powers come with limitations. The judicial powers operate within the text of the Constitution. The Court does not claim authority beyond the Constitution. Further, judicial decisions may be altered through amendment by the Parliament. Lastly, judicial authority is not self-executing. Its authority ultimately depends on compliance by the executive. "The result of this horizontal arrangement is not efficiency but friction at times. It is designed to prevent unchecked and untoward outcomes. It ensures that decisions are not the product of impulse or concentration of power in majorities. The Indian Constitution, though not adopting a rigid separation, reflects this structural wisdom. Power that moves unchecked moves quickly; power that must ...

Centre Should Not View States As Subordinates; Citizens Of A State Cannot Be Discriminated Against: Justice BV Nagarathna

Gursimran Kaur Bakshi

The relationship between the Centre and the States should not be dependent on the ruling party, she said.

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