CHENNAI: Tamil Nadu Chief Minister M.K. Stalin on Sunday called upon his counterparts in eight non-BJP-ruled States, West Bengal, Karnataka, Himachal Pradesh, Telangana, Kerala, Jharkhand, Punjab, and Jammu and Kashmir, to oppose the May 13 Presidential reference to the Supreme Court on fixing a deadline for Governors and the President to clear Bills passed by State legislatures.
Referring to the Presidential reference, the CM said that although the move does not specifically mention any State or judgement, it is intended to question the Supreme Court's findings in the case of State of Tamil Nadu v. Governor of Tamil Nadu, which interpreted the Constitution and clarified the powers of Governors and the President.
“This historic judgement obtained by my government is not only for my State but for all States, since it upholds the federal structure and distribution of powers between the States and the Union, thus effectively preventing the obstruction of legislations enacted by democratically elected State legislatures by an appointee of the Union and an unelected figurehead, the Governor,” the Tamil Nadu CM pointed out.
Stalin explained that the Supreme Court, in a landmark judgement in the Tamil Nadu Governor’s case, held that: (i) the Governor is bound by the aid and advice of the State Cabinet while dealing with Bills; (ii) the Governor cannot exercise a pocket veto to delay assent to Bills indefinitely; (iii) the Governor cannot kill Bills by withholding assent and failing to return them to the legislature; (iv) the Governor cannot withhold assent when a Bill is re-enacted and sent for assent a second time; and (v) timelines have been laid down for the performance of functions by the President and Governor under Articles 200 and 201.
He said the judgment would ensure that the Union government does not unduly interfere with State governments performing their constitutionally mandated roles and responsibilities.
Stating that the Supreme Court, as the guardian of the Constitution whose basic structure provides for a democratic republic with a federal framework, had rightly interpreted the law, Stalin alleged that “obviously, the BJP is attempting to unsettle this judgement, which can be invoked as a precedent by other States when faced with an obstinate Governor.”
“As the first limb of their ploy, the BJP government has advised the President to seek a reference before the Supreme Court,” he added.
Pointing out that the Supreme Court’s advisory jurisdiction cannot be invoked when an issue has already been settled by an authoritative pronouncement of the Court, Stalin said the BJP government had nevertheless pressed ahead with seeking a reference, a move that he claimed “points to their sinister intent.”
“At this crucial juncture, I have called upon all State governments and leaders of regional parties who are opposed to the BJP and committed to preserving our federal structure and State autonomy to unite in the upcoming legal battle.
“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, as upheld by our Supreme Court in its historic judgement. I look forward to your immediate and personal intervention in this vital issue,” Stalin urged.