All posts tagged: justice nagarathna

SC Justice Nagarathna| India News

SC Justice Nagarathna| India News

Published by Parlour News

Supreme Court judge Justice BV Nagarathna on Saturday said that the central government must view states as “coordinates and not subordinates”, asserting that India’s constitutional framework establishes a system of “co-equals” rather than a hierarchy. Justice BV Nagarathna is widely expected to become India’s first woman Chief Justice next year. (PTI) Speaking at the Rajendra Prasad Memorial Lecture at Chanakya Law University in Patna, she stated that the vertical division of powers between the Centre and states “is not a hierarchy or of priority,” but a carefully designed constitutional balance. ALSO READ | Rule of law is the essence of democracy: Justice Nagarathna Addressing the theme ‘Constitutionalism beyond rights: why structure matters’, Justice Nagarathna said that federalism goes beyond mere autonomy. “It ensures that governance is not a matter of unilateral command, but of negotiation and coordination,” she said, adding that distinct centres of power must act as counterweights to one another, as reported by news agency PTI. Calling for stronger Centre-state cooperation, she said, “The state governments are not subordinate to the Union government …

Why split verdict on corruption law’s prior approval clause raises rule of law debate

Why split verdict on corruption law’s prior approval clause raises rule of law debate

Published by Parlour News

Section 17A of the Prevention of Corruption Act, 1988 (PCA) came under the spotlight after a two-judge bench of the Supreme Court last month delivered a split verdict in a petition challenging its constitutionality.  Justice K V Viswanathan upheld the provision and quoted Sardar Vallabhbhai Patel’s reference to civil servants as the “Steel Frame of India”, underlining that without a basic assurance of protection, “public servants will resort to a play it safe syndrome”. Justice B V Nagarathna, on the other hand,  struck it down entirely as unconstitutional. Section 17A, which was inserted through the Prevention of Corruption (Amendment) Act, 2018, says that “no police officer shall conduct any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under this Act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties, without the previous approval” of the centre or state as the case may be. The divergence in views between Justice Nagarathna …

Justice Nagarathna On Demonetisation Judgment

Published by Webster

Justice Nagarathna spoke on her dissent on the demonetisation case. New Delhi: Supreme Court Judge BV Nagarathna has cautioned against instances of governors sitting indefinitely on bills passed by elected legislatures, referring to the case involving the Punjab Governor. In her keynote address at the inaugural session of the fifth edition of Courts and the Constitution Conference, held at the NALSAR University of Law here on Saturday, Justice Nagarathna spoke about the Maharashtra Legislative Assembly case as another instance of gubernatorial overreach, where the governor lacked sufficient material to declare the floor test. “This is not a healthy trend under the Constitution to bring the actions or omissions of the Governor of a state for consideration before constitutional courts,” she said. “I think I must appeal that the office of a governor, though it is called a gubernatorial post, the governor’s post is a serious constitutional post, the governors must discharge their duties under the constitution in accordance with the Constitution so that this kind of litigation before the law courts is reduced,” Justice Nagarathna …