Chennai: Tamil Nadu Chief Minister M K Stalin on Sunday called upon the chief ministers of eight non-BJP-ruled states, including West Bengal, to collectively oppose the Presidential reference to the Supreme Court concerning deadlines for the President and Governors over Bills. Stalin emphasized the need for a coordinated legal strategy to safeguard the federal structure of the Constitution.
Stalin, who also serves as the president of the ruling DMK in Tamil Nadu, argued that the Supreme Court’s advisory jurisdiction should not be invoked on matters already settled by authoritative court rulings. He accused the BJP-led Union government of pressing ahead with the reference, describing it as a "sinister intent" to undermine the judiciary’s earlier decisions.
In a letter dated May 17, Stalin urged the chief ministers of West Bengal, Karnataka, Himachal Pradesh, Telangana, Kerala, Jharkhand, Punjab, and Jammu and Kashmir to unite in opposing the Presidential reference before the Supreme Court. He stressed the importance of presenting a united front to protect the basic structure of the Constitution, as upheld in the landmark judgement in the case of 'State of Tamil Nadu vs Governor of Tamil Nadu'. This verdict, Stalin noted, is significant not only for Tamil Nadu but for all states as it reinforces the federal balance and distribution of powers between the Union and state governments.
The Tamil Nadu chief minister pointed out that President Droupadi Murmu, acting on the advice of the Union government, filed the reference under Article 143 of the Constitution on May 13, 2025. Although the reference does not explicitly mention any state or specific judgement, its purpose appears to challenge the Supreme Court’s interpretation of constitutional provisions in the *State of Tamil Nadu vs Governor* case.
This historic judgement curbs the misuse of gubernatorial powers, preventing governors—appointed by the Union—from obstructing legislation passed by democratically elected state legislatures. Stalin highlighted how BJP-led Union governments have exploited the ambiguous constitutional provisions to delay or withhold assent to state Bills, interfere with appointments, and politicize educational institutions through governors acting as university chancellors.
He criticized governors for stalling government orders and appointments without valid reasons, undermining the functioning of opposition-ruled states. Stalin emphasized that the framers of the Constitution trusted holders of high constitutional offices to act with constitutional morality, a trust that has been violated.
The Supreme Court’s ruling in the Tamil Nadu Governor case ensures that Union interference in the functioning of state governments is checked, allowing states to operate freely within their constitutional spheres. Stalin accused the BJP government of seeking to destabilize this judgement by advising the President to approach the Supreme Court with the reference, calling it a calculated ploy to unsettle the precedent that protects state autonomy.
He concluded by urging his counterparts to intervene personally and immediately in this critical matter to defend the constitutional framework and democratic governance.
With PTI inputs