Justice B.V. Nagarathna highlighted the critical importance of institutional independence in sustaining constitutional governance, stating that bodies such as the Election Commission of India must function free from political influence to preserve democratic integrity.
Delivering the 1st Dr. Rajendra Prasad Memorial Lecture at Chanakya National Law University, Justice Nagarathna spoke on the theme “Constitutionalism beyond Rights: Why Structure Matters.” She highlighted that institutions like the ECI, Comptroller and Auditor General of India, and the Finance Commission of India are deliberately designed to be insulated and specialised, ensuring neutrality in domains where political processes alone may fall short.
Emphasising the centrality of free and fair elections, she noted that elections are not merely periodic exercises but foundational mechanisms through which political authority is constituted. Citing the landmark ruling in T.N. Seshan v. Union of India, she reiterated that the Election Commission is a constitutional authority of “high significance,” entrusted with safeguarding electoral integrity.
Justice Nagarathna cautioned that constitutional breakdown can occur even within the framework of legality through the gradual weakening of institutional structures. She observed that when institutions fail to check one another, democratic processes may continue in form but lose their substantive restraint on power.
Addressing Centre-State relations, she affirmed that States are not subordinate to the Union except as constitutionally stipulated, and called for equitable treatment across States, warning against selective or unequal approaches in governance and development.
She further advocated for cooperative federalism, noting that increasing litigation between States or with the Centre reflects a weakening of dialogue-based governance. Instead, she urged reliance on negotiation and mediation for resolving complex inter-governmental disputes.
Concluding her address, she remarked that the Constitution is not self-sustaining and must be preserved through institutional fidelity, restraint in power, and continued adherence to constitutional principles.


