Chennai: Tamil Nadu Chief Minister and DMK President M K Stalin on Friday asserted that “there will be no rest” until amending the Constitution to fix timelines for governors to clear Bills.
In his first reaction to the Supreme Court’s advisory opinion on the Presidential Reference, he said, “Our fight for state rights and true federalism will continue.”
In a statement, Stalin said that the Supreme Court’s opinion in its answer to the Presidential Reference will have no impact on the April 8, 2025 judgment in the case of State of Tamil Nadu vs Governor of Tamil Nadu.
In fact, the chief minister said that the Bench tendering the advisory opinion has reaffirmed several key principles. It includes an assertion that the elected government should be in the driver’s seat, and there cannot be two executive power centres in the State.
Constitutional functionaries must act within the constitutional framework — never above it, the governor has no fourth option to kill the Bill or exercise a pocket veto (as was done by the TN Governor) and he has no option to withhold the Bill simpliciter, were among the reaffirmed principles, the CM asserted.
The top court also affirmed again that the Governor cannot indefinitely delay acting on Bills.
In cases of prolonged, unexplained, and indefinite delay by the Governor in considering a Bill, States can approach the Constitutional Courts and hold Governors accountable for their deliberate inactions.
The 9-Judge Bench in Ahmedabad St. Xavier’s College Society v. State of Gujarat (1974) 1 SCC 717 (Para 109) clearly held: “Advisory opinion of the Court would have no more effect than the opinion of the law officers.”
The Supreme Court’s opinion delivered on November 20 has again rejected the Tamil Nadu Governor’s theory of pocket veto and assertion that Bills can be killed or buried by the Raj Bhavan.
The chief minister said, “Through our legal battle, we have now compelled governors, including the Tamil Nadu
Governor, who are at odds with the elected government across the country, to work in line with the elected government and be accountable for their deliberate inaction in response to the people’s will through legislation.”