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 added.
She said it was quite embarrassing for the governors to be told to do or not to do a thing.
So, a time has come where they would be now told to discharge their duties as per the Constitution, she said.
Justice Nagarthna's comments came days after a three-judge bench headed by Chief Justice of India D Y Chandrachud expressed «serious concern» over the conduct of Tamil Nadu Governor RN Ravi for his refusal to reinduct DMK leader K Ponmudi as a minister in the