Tamil Nadu Chief Minister M K Stalin has written to eight non-BJP Chief Ministers, including West Bengal’s Mamata Banerjee, urging them to “oppose the reference sought by the President before the Supreme Court” over the powers and deadlines concerning gubernatorial assent to state legislation.
Calling it a move that could “unsettle a landmark judgment” on federal powers, to “preserve and protect the basic structure of the Constitution”.
Stalin’s letter, dated July 17, comes after the Union government advised the to the Supreme Court — questions Stalin said are intended to “question the findings on law and interpretation of the Constitution” delivered in the State of v Governor of Tamil Nadu verdict.
While the presidential reference does not explicitly mention any state or judgment, Stalin warned that “its intent is to undermine” a ruling that he described as a “ obtained by my government… not only for my state but for all states”.
The Supreme Court ruling had strongly limited the discretionary power of Governors, affirming that they are “bound by the aid and advice of the state Cabinet while dealing with Bills” and that they “cannot exercise pocket veto to delay assent to Bills inordinately”. The judgment also held that a Governor “cannot kill Bills by withholding assent and not returning Bills to the House”, and that when a Bill is re-enacted and sent for assent for a second time, the Governor “cannot withhold assent”. Clear timelines were also laid down for the President and Governor under Articles 200 and 201.
Stalin warned that the -led Centre is using the President’s reference as the “first limb of their ploy” to dilute the judgment, which could set a precedent for other Opposition-ruled states. “We have all been witness to the way in which the BJP-led Union government has used Governors to obstruct and impede the functioning of Opposition-ruled States,” Stalin wrote, citing delays in assent to Bills, withholding of routine approvals, and interference in appointments and universities.
“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,” he wrote.
Stalin, who is also the president of the state’s ruling DMK, called on the CMs to intervene personally and urgently. “I am now writing to you to personally request your good selves to oppose this reference… 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,” the letter said.
The Chief Ministers of West Bengal, Kerala, Telangana, Punjab, Bihar, Jharkhand, and Andhra Pradesh are believed to be among the recipients of the letter. Stalin had earlier called on leaders of all regional parties opposed to the BJP to “unite in the upcoming legal battle”.
