Supreme Court judge Justice BV Nagarathna on Saturday said the central government should look at states as “coordinates and not subordinates”, asserting that India’s constitutional framework creates a system of “equals” rather than a hierarchy.
Speaking at the Rajendra Prasad Memorial Lecture at Chanakya Law University in Patna, she said that the vertical division of powers between the Center and the states is “not a hierarchy or priority”, but a carefully designed constitutional balance.
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Addressing the topic “Constitutionalism Beyond Rights: Why Structure Matters,” Justice Nagaratna said federalism goes beyond mere self-government.
“It ensures that governance is not a matter of unilateral leadership, but of negotiation and coordination,” she said, adding that the different centers of power should act as a counterweight to each other, as reported by news agency PTI.
She called for stronger cooperation between the state and the center, and said: “State governments are not subordinate to the Union government except as provided by the Constitution.” She said countries should be treated fairly regardless of which political party is in power.
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She urged political leaders to transcend partisan considerations in governance matters.
“Differences between parties must be put aside with regard to center-state relations,” she said, noting that constitutional governance “will not depend on which party may rule at the center and the other party may rule at the state level.”
She added that citizens should benefit equally from social welfare measures taken by both levels of government.
She also stated, as quoted by PTI, “There cannot be a pick and choose approach with regard to the mandates… equity, as a fair approach, must be adopted.” She also noted that “a mature union should not rush to the courts as adversaries,” and instead prioritize “dialogue, negotiation and mediation.” She said the frequent legal disputes between states or with the Center indicated “weak cooperative federalism”.
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Speaking on institutional integrity, the judge said that the protection of the Constitution is not limited to moments of crisis but is equally dependent on the day-to-day performance of key bodies. She mentioned institutions like the Election Commission, Finance Commission, SEBI and Competition Commission of India, stressing that they must function independently, maintain impartiality and inspire public confidence.
The lecture was attended by prominent legal figures, including Supreme Court judge Justice Ehsanuddin Amanullah and Patna High Court Chief Justice K Vinod Chandran. Justice Nagaratna, who is widely expected to become the first woman Chief Justice of India next year, concluded by emphasizing that the strength of the Constitution lies not only in the protection of rights, but also in the institutional structure.
(With inputs from PTI)
