Chennai: Tamil Nadu Chief Minister M. K. Stalin has written to the Chief Ministers of seven non-BJP-ruled States and one Union Territory, urging them to collectively oppose the recent Presidential reference made to the Supreme Court under Article 143 of the Constitution.
The reference, made on May 13, seeks the Supreme Court’s advisory opinion on 14 questions related to the powers of State Governors. While it does not explicitly mention any State or judgment, Stalin has contended that its underlying aim is to undermine the Supreme Court’s recent verdict in State of Tamil Nadu v. Governor of Tamil Nadu — a ruling hailed as a landmark affirmation of India’s federal structure.
In his letter, addressed to the Chief Ministers of Punjab, Jharkhand, Kerala, Karnataka, Telangana, Himachal Pradesh, West Bengal, and the Union Territory of Jammu and Kashmir, Stalin asserted that the Supreme Court’s decision was not only a victory for Tamil Nadu, but for all States that have experienced what he described as “obstruction” from Governors appointed by the BJP-led Union Government.
“The historic judgment obtained by my government is not only for my State but for all States, since it upholds the federal structure and distribution of powers… preventing the obstruction of legislations enacted by democratically elected State Legislatures,” he said.
The Supreme Court ruling clarified several key points, including that the Governor is bound by the aid and advice of the State Cabinet when dealing with Bills, and cannot use a ‘pocket veto’ to indefinitely delay assent. A Governor must return Bills for reconsideration if they choose not to assent and cannot withhold assent indefinitely. Additionally, if a re-enacted Bill is sent for assent a second time, the Governor cannot refuse it. The court also laid down specific timelines for action under Articles 200 and 201.
Stalin accused the BJP Government of attempting to unsettle this legal precedent by advising the President to seek a reference on already settled matters.
“It is well known that the advisory jurisdiction of the Supreme Court cannot be invoked when the issue has already been decided… yet the BJP Government has pressed ahead,” he said, calling it a “sinister intent.”
Highlighting the alleged misuse of the Governor’s office, Stalin cited delays in assent to State Bills, interference in executive functions, and political meddling in educational appointments — actions that he argued were enabled by constitutional ambiguities and the erosion of constitutional morality.
He called on his counterparts to evolve a “coordinated legal strategy” and “present a united front” before the Supreme Court.
“We must preserve and protect the basic structure of the Constitution,” the Chief Minister emphasised.
Reactions from the Chief Ministers of the addressed States were awaited at the time of filing this report.
