Justice BV Nagarathna said the Center and states do not rush to courts as adversaries every time there is a dispute. File. | Photo credit: The Hindu
Supreme Court judge Justice BV Nagarathna said on Saturday (April 4, 2026) that the Center can neither treat states as “subordinates” nor discriminate against citizens of a state ruled by an opposition political party.
Justice Nagarathna said the Center should look at states as coordinates and federalism as a constitutional arrangement of equals.
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The Supreme Court judge, who is slated to be the first woman Chief Justice of India in 2027, said political differences or conflicting ideologies between a party at the Center and a party in power in a state should not be a reason to discriminate against citizens of that state.
“Inter-party differences or differing political ideologies must be kept aside on the issue of centre-state relations… Citizens must benefit from both governments in terms of welfare systems… Citizens of a state cannot be discriminated against in matters of development or governance. There cannot be a selective approach towards states when it comes to programs for citizens’ equitable access to development. adopted,” Justice Nagarathna said in her lecture at Chanakya National Law University on “Constitutionalism Beyond Rights: Why Structure Matters”.
Justice Nagarathna said the Center and states do not rush to the courts as adversaries every time there is a dispute. The center has the role of mentor and mediator of disputes, but it cannot be perceived as an instigator of conflicts, she added.
“Increasing conflicts between the states of the Union or between the Center and the states does not augur well for the nation. This creates a dent in the constitutional form of governance which must always be avoided as the strength of the nation is based on constitutional foundations and principles,” Justice Nagarathna said.
A mature federal democracy does not just turn to the courts. Instead, according to her, she should turn to dialogue, negotiation and mediation.
“When states start filing cases against each other or against the Centre, it does not reflect the strength but the weakening of cooperative federalism. Issues like border disputes or water sharing disputes are too complex, sensitive and persistent to be reduced to contentious disputes before the courts alone,” the Supreme Court judge said.
Published – 04 Apr 2026 21:48 IST
