Tamil Nadu CM M K Stalin.
Credit: X/@mkstalin
Chennai: Chief Minister M K Stalin on Friday called for amending Article 200 of the Constitution to fix timelines for Governors to clear bills passed by state legislatures.
He also asserted that the Supreme Court’s opinion while answering the Presidential Reference will have “no impact” on the April 8, 2025 judgement that deemed ten bills withheld by Tamil Nadu Governor R N Ravi as having received assent.
In a statement, Stalin said the DMK’s fight for state rights and true federalism will continue and interpreted Thursday's opinion that the apex court has rejected Governor Ravi’s “theory of pocket veto” and his assertion that Bills can be killed or buried by the Raj Bhavan.
“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,” Stalin said.
The TN government’s legal battle has also empowered Constitutional Courts to review their actions if they obstruct the passage of Bills indefinitely, and they cannot hide behind Article 361. Stalin’s statement comes a day after the Supreme Court said timelines cannot be imposed on Governors to decide on bills passed by the assembly.
“No rest until amending the Constitution to fix timelines for Governors to clear Bills. 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 v. Governor of Tamil Nadu,” Stalin added.
The DMK dispensation led by Stalin has been involved in a running battle with Ravi for the past four years over a host of issues, especially on matters of higher education and state-funded universities. The Governor’s action of forwarding 10 bills – which were reenacted by the Assembly after he returned them – prompted the government to approach the Supreme Court against the Governor.
Stalin said the Bench tendering 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, constitutional functionaries must act within the constitutional framework, never above it.
Stalin said the SC has also reaffirmed that 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.
“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 said.
The Chief Minister also said he believes that no constitutional authority can claim to be above the Constitution and 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. 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,” he added.