Tamil Nadu CM M.K. Stalin said the government will not relent until the Constitution is amended to ensure Governors act within fixed timelines on State Bills. He emphasized that Governors cannot delay or kill Bills, reaffirming the Supreme Court’s advisory opinion.
New Delhi: The Supreme Court of India on Thursday, November 20, delivered its advisory opinion on a Presidential Reference that questioned the apex court’s power to “impose” timelines and dictate the manner in which Governors and the President must act while dealing with State Bills sent for their assent or reserved for consideration.
Reacting to the advisory opinion, Tamil Nadu Chief Minister M.K. Stalin said in a social media post that the Supreme Court’s view
“will have no impact on the April 8, 2025 judgment in the case of State of Tamil Nadu v. Governor of Tamil Nadu”.
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The Chief Minister highlighted that the Bench issuing the advisory opinion “has reaffirmed” that the elected
“government should be in the driver’s seat, and there cannot be two executive power centres in the State”.
He added,
“The Constitutional functionaries must act within the constitutional framework — never above it.”
He further noted that the Court has clearly stated that the
“Governor has no fourth option to kill the Bill or exercise a pocket veto (as was done by the Tamil Nadu Governor). He has no option to withhold the Bill simpliciter.”
Mr. Stalin said the Supreme Court’s opinion also confirmed that Governors cannot “indefinitely delay” acting on Bills.
He explained,
“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,”
Citing a nine-judge Bench decision in Ahmedabad St. Xavier’s College Society v. State of Gujarat (1974) 1 SCC 717 (Para 109), which stated that
“advisory opinion of the Court would have no more effect than the opinion of the law officers”,
Mr. Stalin pointed out that
“The Supreme Court’s opinion yesterday [November 20] has again rejected the Tamil Nadu Governor’s (a) theory of pocket veto, (b) assertion that Bills can be killed or buried by the Raj Bhavan.”
The Chief Minister added,
“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. It has also empowered Constitutional courts to review their actions if they obstruct the passage of Bills indefinitely, and they cannot hide behind Article 361.”
On the broader constitutional principle, Mr. Stalin stated,
“No Constitutional authority is above Constitution.”
He elaborated,
“When even a high Constitutional authority breaches the Constitution, the Constitutional courts are the only remedy, and the doors of the Court must not be closed. This would undermine the rule of law in our constitutional democracy and encourage breaches of the Constitution by Governors acting with political intent.”
He concluded by emphasizing the government’s commitment to ensuring that people’s will is respected, saying,
“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.”
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