'Citizens of State can't be discriminated in matters of development, governance': Justice Nagarathna

New Delhi: Supreme Court Judge, Justice B V Nagarathna on Saturday said the citizens of a State cannot be discriminated against in matters of development or in governance and the Centre ought to view the States as coordinates and not subordinates.  

She said, federalism ensures that governance is not a matter of unilateral command, but of negotiation and coordination. 

"Therefore, the need of the hour is to have greater coordination between the Union and State governments. 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,'' she said.

In her speech on theme, 'Constitutionalism beyond Rights: Why Structure Matters' at 1st Dr Rajendra Prasad Memorial Lecture organized at at Chanakya National Law University (CNLU), Patna, Justice Nagarathna said, 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.

Emphasising that the Constitution is said to be federal in structure and unitary in spirit, she said, ''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.''

She also stressed that relations between States must be cordial and in accordance with the constitutional dharma.

There must be an approach of accommodation and understanding between the States so as to arrive at a consensus in the first instance rather than filing suits for various reliefs before the Supreme Court, she said.

"Mentoring of States by the central government, mediation of disputes such as border disputes or water disputes between States would result in positive outcomes rather than to indulge in litigation as adversaries,'' the judge said.  

Highlighting the need for dialogue, negotiation, and mediation, Justice Nagarathna said, 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, she added.

"In equal measure, the Centre ought to view the States as coordinates and not subordinates. No doubt, the Constitution is said to be federal in structure and unitary in spirit. Yet, the vertical separation of powers between governments - centre and State - is not a hierarchy or of priority. It is a constitutional arrangement of co-equals,'' Justice Nagarathna said.

She underscored the preservation of the Constitution cannot be understood solely as the task of defending rights at moments of crisis. 

"It lies equally in the everyday, routine functioning of institutions viz whether the Election Commission conducts elections with independence that inspires trust, whether the Finance Commission preserves fiscal balance without yielding to unitary pressures; whether regulatory bodies such as the Competition Commission of India and SEBI act with neutrality rather than on executive preference; whether the legislature deliberates on forthcoming laws rather than merely stamps approval; whether the executive governs within law rather than over it and whether the courts remain anchored, at all times, in the discipline of the Constitution which includes independence," she said.