Justice BV Nagarathna Stresses Constitutional Federalism: No Discrimination in Centre‑State Relations

Supreme Court Justice BV Nagarathna, speaking at the Dr Rajendra Prasad Memorial Lecture, emphasized that Centre‑State relations must be guided by constitutional principles, not party politics, and that citizens of any state cannot face discrimination in development schemes. She reiterated the federal design, the need for cooperative federalism, and highlighted the Basic Structure doctrine as a safeguard against unchecked parliamentary power.

Overview Speaking at the 1st Dr Rajendra Prasad Memorial Lecture at Chanakya National Law University, Patna, Supreme Court Justice BV Nagarathna warned that the relationship between the Union and the States must be rooted in the Constitution and not in the political fortunes of any party. She asserted that citizens of a state cannot be discriminated against in development programmes and called for a cooperative, dialogue‑based federalism. Key Developments The Centre should treat States as coordinates, not subordinates . Political party differences must be set aside; constitutional governance supersedes partisan considerations. Discriminatory "pick‑and‑choose" approaches in development schemes are unconstitutional; equity must guide policy implementation. Increasing friction between the Union and States weakens cooperative federalism and should be resolved through dialogue, not litigation. The Constitution does not vest ultimate trust in any single institution; it relies on a system of checks and balances. Historical jurisprudence – from Shankari Prasad and Golak Nath – to the Kesavananda Bharati judgment, the Court has reinforced constitutional limits on legislative power. Important Constitutional Provisions Article 13 restricts Parliament’s legislative competence. Articles 245‑246 allocate law‑making authority. Seventh Schedule outlines the subject‑wise division of powers. Judicial review under Article 32 and Article 226 ensures executive and legislative actions remain constitutional. UPSC Relevance The lecture touches upon core GS‑2 topics: federal structure, separation of powers, and the doctrine of basic structure. Understanding these concepts is essential for answering questions on constitutional design, Centre‑State dynamics, and judicial review. The historical case law cited provides concrete examples for essay and answer‑writing practice. Way Forward Promote institutional mechanisms (inter‑governmental councils, joint committees) for dialogue rather than litigation. Ensure that development programmes are uniformly implemented across states, respecting the principle of equity. Strengthen the independence of constitutional bodies such as the Election Commission and CAG to prevent political interference. Incorporate the Basic Structure doctrine in policy analysis to assess the constitutional validity of major reforms.

<h2>Overview</h2> <p>Speaking at the 1st <span class="key-term" data-definition="Dr Rajendra Prasad Memorial Lecture – an annual lecture series on constitutional issues organized by Chanakya National Law University (GS2: Polity)">Dr Rajendra Prasad Memorial Lecture</span> at Chanakya National Law University, Patna, <strong>Supreme Court Justice BV Nagarathna</strong> warned that the relationship between the Union and the States must be rooted in the Constitution and not in the political fortunes of any party. She asserted that citizens of a state cannot be discriminated against in development programmes and called for a cooperative, dialogue‑based federalism.</p> <h3>Key Developments</h3> <ul> <li>The Centre should treat States as <span class="key-term" data-definition="Centre‑State relations – the constitutional framework governing the distribution of powers and responsibilities between the Union and the States (GS2: Polity)">coordinates, not subordinates</span>.</li> <li>Political party differences must be set aside; constitutional governance supersedes partisan considerations.</li> <li>Discriminatory "pick‑and‑choose" approaches in development schemes are unconstitutional; equity must guide policy implementation.</li> <li>Increasing friction between the Union and States weakens cooperative federalism and should be resolved through dialogue, not litigation.</li> <li>The Constitution does not vest ultimate trust in any single institution; it relies on a system of checks and balances.</li> <li>Historical jurisprudence – from <span class="key-term" data-definition="Shankari Prasad (1951) & Sajjan Singh (1965) – Supreme Court cases that initially upheld Parliament’s plenary amending power (GS2: Polity)">Shankari Prasad</span> and <span class="key-term" data-definition="Golak Nath (1967) – Supreme Court case that first attempted to limit Parliament’s amending power (GS2: Polity)">Golak Nath</span> – to the <span class="key-term" data-definition="Kesavananda Bharati (1973) – landmark Supreme Court case that introduced the Basic Structure doctrine, limiting Parliament’s power to alter the Constitution’s essential features (GS2: Polity)">Kesavananda Bharati</span> judgment, the Court has reinforced constitutional limits on legislative power.</li> </ul> <h3>Important Constitutional Provisions</h3> <ul> <li><span class="key-term" data-definition="Article 13 – clause that invalidates any law inconsistent with the Constitution’s fundamental rights (GS2: Polity)">Article 13</span> restricts Parliament’s legislative competence.</li> <li><span class="key-term" data-definition="Article 245 & 246 – define the distribution of legislative powers between the Union and the States (GS2: Polity)">Articles 245‑246</span> allocate law‑making authority.</li> <li><span class="key-term" data-definition="Seventh Schedule – contains the Union, State and Concurrent Lists that delineate subjects of legislation (GS2: Polity)">Seventh Schedule</span> outlines the subject‑wise division of powers.</li> <li>Judicial review under <span class="key-term" data-definition="Article 32 – Supreme Court’s power to enforce fundamental rights (GS2: Polity)">Article 32</span> and <span class="key-term" data-definition="Article 226 – High Courts’ power to issue writs for enforcement of rights (GS2: Polity)">Article 226</span> ensures executive and legislative actions remain constitutional.</li> </ul> <h3>UPSC Relevance</h3> <p>The lecture touches upon core GS‑2 topics: federal structure, separation of powers, and the doctrine of basic structure. Understanding these concepts is essential for answering questions on constitutional design, Centre‑State dynamics, and judicial review. The historical case law cited provides concrete examples for essay and answer‑writing practice.</p> <h3>Way Forward</h3> <ul> <li>Promote institutional mechanisms (inter‑governmental councils, joint committees) for dialogue rather than litigation.</li> <li>Ensure that development programmes are uniformly implemented across states, respecting the principle of equity.</li> <li>Strengthen the independence of constitutional bodies such as the Election Commission and CAG to prevent political interference.</li> <li>Incorporate the Basic Structure doctrine in policy analysis to assess the constitutional validity of major reforms.</li> </ul>

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