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Justice Nagarathna Criticizes Governors In State Govts' Legal Battles: Labels Trend Embarrassing and Unhealthy

In light of recent trends wherein Governors become embroiled in litigation due to their refusal to assent to Bills forwarded by state governments, concerns were expressed by Supreme Court Judge B V Nagarathna on Saturday, stressing the importance of adherence to the Constitution in their actions.

During the introductory session of the Courts and the Constitution Conference organized by NALSAR University of Law, Hyderabad, Justice Nagarathna remarked on the necessity for Governors to act in accordance with constitutional principles, as reported By Indian Express.

Justice Nagarathna Criticizes Governors In State Govts Legal Battles Labels Trend Embarrassing and Unhealthy
Photo Credit: X/@newt0nlaws

Justice Nagarathna Slams Governors in State Legal Battles: Calls Trend Embarrassing

She noted that such instances where the actions of Governors are brought before constitutional courts for review are not conducive to the constitutional framework. Emphasizing the seriousness of the gubernatorial post, she asserted that Governors should perform their duties in line with constitutional provisions to minimize such litigation, which she deemed embarrassing.

These observations by Justice Nagarathna come in the context of the Supreme Court expressing reservations regarding the conduct of Governors in Tamil Nadu, Kerala, Telangana, and Punjab. Notably, the former Governor of Telangana, Dr Tamilisai Soundararajan, faced accusations from the previous BRS government of withholding approval for several Bills sent by the government, reported Indian Express.

Reflecting on her dissenting opinion on demonetization delivered in a judgment in January last year, Justice Nagarathna conveyed her empathy towards the plight of ordinary citizens affected by the policy. She expressed concerns over the handling of the demonetization process and its impact on individuals, particularly those reliant on daily wages.

Furthermore, addressing the fluctuating stance of the Supreme Court on cases related to medical termination of pregnancy, Justice Nagarathna advocated for a nuanced approach that considers the individual circumstances of each case, rather than polarizing the debate into pro-life versus pro-choice arguments, reported Indian Express.

Retired Supreme Court Judge Justice S Ravindra Bhat, Telangana High Court Chief Justice Alok Aradhe, Supreme Court Judge from Nepal Sapana Malla, and Pakistani Supreme Court Judge Syed Mansoor Ali Shah also addressed various topics during the event.

Justice Bhat highlighted the Supreme Court's judgment affirming the abrogation of Article 370 of the Constitution, emphasizing its implications for federalism. He also referenced other significant judgments, such as those concerning electoral bonds and the appointment of election commissioners, noting the court's ongoing reassessment of established norms to ensure the responsiveness and relevance of the Constitution in the modern era, as per media reports.

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