Tamil Nadu Chief Minister and Dravida Munnetra Kazhagam President MK Stalin asserted on Friday that "there will be no rest" until the Constitution is amended to impose deadlines for Governors to clear Bills. In his first reaction to the Supreme Court's advisory opinion on the Presidential Reference, he declared: "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.
The Chief Minister claimed that the Bench tendering the advisory opinion has, in fact, reaffirmed several key principles— the elected government should be in the driver’s seat, and there cannot be two executive power centres in the State, 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 (unconditionally). Constitutional functionaries must act within the constitutional framework, never above it.
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.
Stalin further asserted that the Supreme Court’s opinion delivered on November 20 has again rejected the Tamil Nadu Governor’s theory of pocket veto and the assertion that Bills can be killed or buried by the Raj Bhavan.
He also cited the 9-Judge Bench in the Ahmedabad St. Xavier’s College Society v. State of Gujarat (1974) case, which clearly held that: "Advisory opinion of the Court would have no more effect than the opinion of the law officers."
The CM 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."
He stressed that the legal battle has also empowered Constitutional Courts to review the Governor's actions if they obstruct the passage of Bills indefinitely, adding that they cannot hide behind Article 361.
The DMK president dramatically concluded: "I have promises to keep, and until our people’s will in Tamil Nadu is fulfilled through legislation, we will ensure that every constitutional apparatus functions in this country in accordance with the Constitution."
DMK MP and senior advocate P Wilson had said on Thursday that the Supreme Court's "no timelines for Governors" was only an opinion and not a judgement. Hence, Wilson said such an opinion was not binding and would not have any impact on adjudication in the courts.
It may be recalled that the Tamil Nadu government notified as many as 10 Acts on April 12, 2025, after the apex court judgment that said the bills adopted again by the Assembly and sent to the President by the Governor were deemed to have received assent. These 10 bills cover state-run universities, and a key aspect is the transfer of powers to appoint Vice-Chancellors from the Governor-Chancellor to the State government.
Days ago, the Raj Bhavan denied that Tamil Nadu Governor RN Ravi caused a delay in giving his assent to the bills passed by the State Assembly, stating that "81 per cent of the Bills" have been assented to by the Governor. The Raj Bhavan had taken exception to certain "unfounded and factually incorrect allegations" made in the public domain.
TN Governor RN Ravi and the DMK regime led by Stalin are at loggerheads over several policy issues, and the Dravidian model government has often accused the Governor of being "biased, acting politically at the behest of the BJP government at the Centre," and deliberately delaying Bills passed by the Assembly.
Also read: CM Stalin calls Centre's 'no metro' decision as 'revenge'
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