Justice B.V. Nagarathna said the Centre and States do not rush to courts as adversaries every time there is a dispute. File.
| Photo Credit: The Hindu
Supreme Court judge, Justice B.V. Nagarathna, on Saturday (April 4, 2026), said the Centre can neither treat States as “subordinates” nor discriminate against the citizens of a State ruled by an opposing political party.
Justice Nagarathna said the Centre ought to view the States as coordinates and federalism as a constitutional arrangement of co-equals.
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The Supreme Court judge, in line of seniority to be the first woman Chief Justice of India in 2027, said political differences or conflicting ideologies between the party at the Centre and the party in power in a State should not be a reason to discriminate against the citizens of that State.
“Interparty differences or distinct political ideologies have to be kept aside in the matter of Centre-State relations… The citizens must have the benefit of both governments with regard to the welfare schemes… 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,” Justice Nagarathna said in her lecture at the Chanakya National Law University on ‘Constitutionalism beyond Rights: Why Structure Matters’.
Justice Nagarathna said the Centre and States do not rush to courts as adversaries every time there is a dispute. The Centre has the role of a mentor and a mediator of disputes, while it cannot be seen as an instigator of conflict, she added.
“Increase in conflict between the States of the Union or between the Centre and the States does not augur well for the nation. This creates a dent in the constitutional form of governance which must be avoided always, for the strength of the nation is based on constitutional foundations and principles,” Justice Nagarathna said.
A mature federal democracy does not turn to courts at the drop of a hat. Instead, it should turn to dialogue, negotiation and mediation, she 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,” the Supreme Court judge said.
Published – April 04, 2026 09:48 pm IST
