Tamil Nadu Chief Minister M.K. Stalin has written to CMs of seven States and a Union territory, not ruled by BJP, urging them to oppose the Presidential Reference to the Supreme Court on time frames for Governors and Present to act on Bills
| Photo Credit: KUMAR SS

Tamil Nadu Chief Minister M.K. Stalin has written to CMs of seven States and a Union territory, not ruled by BJP, urging them to oppose the Presidential Reference to the Supreme Court on time frames for Governors and Present to act on Bills referred to them under Article 200 of the Constitution. He underlined the need for a coordinated legal strategy before the court and present a united front to preserve and protect the basic structure of the Constitution.

Mr. Stalin wrote to CMs of Himachal Pradesh, Jharkhand, Karnataka, Kerala, Punjab, Telangana, West Bengal and the Union territory of Jammu and Kashmir on May 17, Saturday.

Pointing out the President of India, under the advice of the Union government, has invoked the advisory jurisdiction of the Supreme Court under Article 143 of the Constitution on May 13 and raised 14 questions before the court, Mr. Stalin contended: “Though the reference does not specifically refer to any State or judgement, its intent is to question the findings on law and interpretation of the Constitution given by the Supreme Court in the case of State of Tamil Nadu v. Governor of Tamil Nadu.”

He underlined, “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 Hon’ble Supreme Court in its historic judgement. I look forward to your immediate and personal intervention in this vital issue.”

The historic judgement obtained by his Government was not only for TN but for all States, he said, since it upheld 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.

“All of us have been witness to the way in which the BJP led Union government have used Governors to obstruct and impede functioning of opposition ruled States. They inordinately delay assent to Bills, withhold assent without valid constitutional or legal reasons, sit over routine files and government orders sent for signature, interfere in appointments to important posts and have abused their position as Chancellor of Universities to politicise educational institutions,” Mr. Stalin said.

The CM further contended: “They have been able to do so by taking advantage of the fact that the Constitution is silent on certain issues, because the framers of the Constitution trusted that those holding high constitutional office would act in accordance with constitutional morality.”

The historic judgment of the Supreme Court in State of Tamil Nadu v. Governor of Tamil Nadu would ensure that the Union Government did not unduly interfered with the State Governments performing our roles and responsibilities within the spheres given to us under the Constitution, he said. As the guardian of our Constitution whose basic structure provides for a democratic republic with federal structure, the Supreme Court has rightly interpreted the Constitution, it said.

“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. It is well known that the advisory jurisdiction of the Supreme Court cannot be invoked or exercised when the issue in question has already been decided by an authoritative pronouncement of the Court. Yet, the BJP Government has pressed ahead with seeking a reference, which points to their sinister intent,” he charged.

Recalling his request to all State Governments and leaders of regional parties, who were opposed to the BJP and committed to preserving our federal structure and state autonomy, to unite in the upcoming legal battle, Mr. Stalin further said: “I am now writing to you to personally request your goodself to oppose this reference sought by the President before the Supreme Court.”