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Tamil Nadu Chief minister MK Stalin, on Thursday May 15, expressed discontent with the Presidential move to seek a reference from the Supreme Court regarding the time limits prescribed for Governors to clear Bills passed by state legislatures. On May 13, President Droupadi Murmu invoked Article 143 of the Constitution (Power of President to consult Supreme Court), referring 14 constitutional questions to the Supreme Court of India. She sought the court’s advisory opinion on various matters, including whether courts have the authority to set deadlines for the President or State Governors to act on Bills passed by State legislatures.
The President’s reference followed the Supreme Court’s April ruling in the Tamil Nadu Bills case, in which the Court deemed Governor RN Ravi’s withholding of 10 Bills as “illegal and arbitrary,” and directed that decisions on granting assent must be made within three months.
CM Stalin called the presidential reference a “sinister attempt” to subvert constitutional provisions already clarified by the apex court. He further accused the Union government of trying to undermine democratically elected state governments and centralise power through "politically aligned" Governors. “This move directly challenges the majesty of law and the authority of the Supreme Court as the final interpreter of the Constitution,” he said.
Stalin questioned the need to oppose time limits for Governors to act on Bills and asked whether the BJP is trying to legitimise obstruction by enabling indefinite delays in giving assent. “Does the Union Government intend to paralyse non-BJP State Legislatures?” he asked, warning that the move reveals a “sinister intent” to distort the Constitution’s basic structure and disrupt the federal balance by incapacitating opposition-led State Assemblies.
“Our nation stands at a critical juncture,” Stalin declared, urging all non-BJP States and party leaders to unite in this legal battle to protect the Constitution. “Tamil Nadu will fight, and #TamilNadu will win,” he added.
https://x.com/mkstalin/status/1922908484372398116
In her letter to the Supreme Court, the President had sought clarity on several constitutional questions concerning the powers of Governors and the President under Articles 200 (which outlines the Governor’s powers to assent, withhold assent, return a Bill for reconsideration, or reserve it for the President) and 201 (procedure when a Bill is reserved for the President’s consideration).
She asked what options a Governor has when a Bill is presented under Article 200, and whether the Governor is bound by the State Council of Ministers’ advice. The President also questioned whether the discretionary powers under Article 200 and Article 201 are subject to judicial review, and if Article 361 (immunity to the President and Governors from legal proceedings during their term of office) grants them immunity from such scrutiny.
A bench of Justices JB Pardiwala and R Mahadevan had, on April 8, ruled that the withholding of the ten bills passed by the TN legislature by Governor TN Ravi was “illegal and liable to be set aside”. This was the latest in a long standing tussle between governors and states. The SC had in 2023 passed a similar judgement in 2023 when it directed Punjab governor Banwarilal Purohit that he could not withhold assent indefinitely. Tamil Nadu, Kerala and Punjab had all approached the SC regarding governors withholding bills indefinitely.