Tamil Nadu Chief Minister and DMK president M K Stalin has written to the chief ministers of eight non-BJP ruled states, urging them to collectively oppose the Presidential reference to the Supreme Court on the issue of deadlines for the President and Governors to act on Bills passed by state legislatures.
In a letter dated 17 May, Stalin emphasised that a united legal strategy was essential to uphold the federal structure and protect the Constitution. He wrote, “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. 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 letter was addressed to the chief ministers of West Bengal, Karnataka, Himachal Pradesh, Telangana, Kerala, Jharkhand, Punjab, and the union territory of Jammu and Kashmir.
Stalin contended that the advisory jurisdiction of the Supreme Court cannot be invoked when a matter has already been decided by an authoritative pronouncement of the court. He alleged that the BJP-led Union government’s move to seek a reference was driven by “sinister intent.”
According to Stalin, President Droupadi Murmu, acting on the advice of the Union government, posed 14 questions to the Supreme Court on 13 May 2025 under Article 143 of the Constitution. Although the reference does not mention any specific state or judgment, Stalin claimed its objective was to challenge the Supreme Court’s ruling in the case of State of Tamil Nadu vs Governor of Tamil Nadu.
Calling the judgment a landmark, Stalin stated that it was significant not only for Tamil Nadu but for all states, as it reaffirmed the federal structure and the distribution of powers between the Union and the states. The verdict, he said, curbed the ability of an unelected appointee—the governor—to obstruct laws enacted by democratically elected state legislatures.
‘BJP Attempting To Unsettle SC Judgement’: Tamil Nadu CM Stalin Alleges ‘Sinister Intent’
The Tamil Nadu chief minister further accused the BJP-led Union government of misusing governors in opposition-ruled states to delay or withhold assent to Bills, interfere in appointments, sit on routine files and government orders, and politicise higher education institutions by abusing their position as chancellors.
He argued that such actions exploit constitutional silence on certain matters, where the framers had trusted high constitutional functionaries to uphold constitutional morality. The Supreme Court’s judgment in the Tamil Nadu Governor’s case, Stalin said, would now serve as a safeguard against undue interference from the Union government in state affairs.
Stalin concluded that the BJP was attempting to unsettle this precedent, which could otherwise empower other states facing similar resistance from governors.
“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 wrote.
Stalin further stressed, “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.”
“At this crucial juncture, I had 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. I am now writing to you to personally request your goodself to oppose this reference sought by the President before the Supreme Court. 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,” he concluded.