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Tamil Nadu Chief Minister M.K.Stalin wrote to the chief Ministers of various non-BJP states regarding the questions raised by the President of India before the Supreme Court and committed to preserving our federal structure and state autonomy, to unite in the upcoming legal battle.
In his letter to the non-BJP ruled State chief Ministers, Stalin said, “As you are aware, the President of India, under the advice of the Union Government, has invoked the advisory jurisdiction of the Hon’ble Supreme Court of India under Article 143 of the Constitution of India on 13th May, 2025 and raised 14 questions before the Court. Though the reference does not specifically refer to any State or judgement, its intent is to question the findings on law and interpretation of the Constitution given by the Supreme Court in the case of State of Tamil Nadu versus Governor of Tamil Nadu.”
The DMK leader said that this historic judgement obtained by his government is not only for Tamil Nadu but for all states since it upholds the federal structure and distribution of powers between the States and the Union, thus effectively preventing the obstruction of legislations enacted by democratically elected State Legislatures by an appointee of the Union and an unelected figurehead the Governor.
The Chief Minister said, “All of us have been witness to the way in which the BJP led union government have used Governors to obstruct and impede functioning of opposition ruled States.”
He further said that they inordinately delay assent to Bills, withhold assent without valid constitutional or legal reasons, sit over routine files and government orders sent for signature, interfere in appointments to important posts and have abused their position as Chancellor of Universities to politicise educational institutions.
“They have been able to do so by taking advantage of the fact that the Constitution is silent on certain issues, because the framers of the Constitution trusted that those holding high constitutional office would act in accordance with constitutional morality,” the DMK chief said.
He said that it is in this context that the Supreme Court has passed the landmark judgement in the TN Governor’s case, holding that — first, the Governor is bound by the aid and advice of the State Cabinet while dealing with Bills, second, the Governor cannot exercise pocket veto to delay assent to Bills inordinately, third, the Governor cannot kill Bills by withholding assent and not returning Bills to the House.
He also said thatthe judgement held that the Governor cannot withhold assent when a Bill is re-enacted and sent for assent for the second time and timelines have been laid down for the performance of functions of President and the Governor under Articles 200 and 201.
“Now this judgement will ensure that the Union Government does not unduly interfere with the state governments performing our roles and responsibilities within the spheres given to us under the Constitution,” Stalin said.
He alsosaid that as the guardian of our Constitution whose basic structure provides for a democratic republic with federal structure, our apex court has rightly interpreted the Constitution.
“Obviously, the BJP is attempting to unsettle this judgement, which can be invoked as a precedent by other States when faced with an obstinate Governor. As the first limb of their ploy, the BJP government has advised the President to seek a reference before the Supreme Court,” he said lamenting at the BJP-led NDA government at the Centre.
He said that it is well known that the advisory jurisdiction of the Supreme Court cannot be invoked or exercised when the issue in question has already been decided by an authoritative pronouncement of the Court.
“Yet, the BJP government has pressed ahead with seeking a reference, which points to their sinister intent,” he alleged.
Stalin urged the non-BJP ruled state CMs and said, “At this crucial juncture, I had called upon all State Governments and leaders of regional parties, who are opposed to the BJP and committed to preserving our federal structure and state autonomy, to unite in the upcoming legal battle.”
He said that he was writing to them to personally request to oppose this reference sought by the President before the Supreme Court.
“We must evolve a coordinated legal strategy before the Court and present a united front to preserve and protect the basic structure of the Constitution, as upheld by our Hon’ble Supreme Court in its historic judgement. I look forward to your immediate and personal intervention in this vital issue, Stalin added.
On May 15, Presisent Droupadi Murmu gave a sharp response to the April 8 verdict of Supreme Court, fixing deadlines for the Governor and the President to decide on state Bills in the Tamil Nadu government versus governor case asking the top court how it could have given such a ruling when the Constitution had no such stipulations.
