In a face-saving effort, Tamil Nadu Chief Minister M. K. Stalin—who had vociferously questioned and attributed motives to the President for seeking legal clarification from the Supreme Court on the timeline for Governors to clear bills passed by state legislatures—is now seeking support for his position by writing letters to non-BJP ruled counterparts, mostly members of the INDI alliance. The Tamil Nadu BJP has urged CM Stalin to put an end to divisive politics.
The DMK, particularly the current government, has been on ‘cloud nine’ since the Supreme Court’s 8th April verdict fixed a timeline for Governors to assent to bills passed by state legislatures. CM Stalin celebrated this as a significant achievement, hosting a party in Chennai for top-billed advocates. The President, however, sought a legal reference from the apex court, posing 14 questions.
Sensing that this move could undermine what he called a ‘hard-fought victory’, Stalin began criticising the Central Government and the President, attributing motives and claiming that the reference sought would cripple the rights of state governments.
Against this backdrop, in a demi-official letter dated May 18 addressed to eight non-BJP ruled Chief Ministers, Stalin sought to unite support in resisting the President’s reference to the Supreme Court regarding timelines for Governors and the President to assent to bills passed by State Assemblies.
In the two-page letter, Stalin stated:
“…Though the reference does not specifically mention any State or judgement, its intent is clearly to question the legal findings and constitutional interpretation delivered by the Supreme Court in the case of State of Tamil Nadu v. Governor of Tamil Nadu. This historic judgement, obtained by my government, is not limited to Tamil Nadu but benefits all States, as it upholds the federal structure and delineation of powers between the States and the Union. It effectively curtails the obstruction of legislation enacted by democratically elected State Legislatures by a Union-appointed, unelected figurehead – the Governor…”
மாண்புமிகு குடியரசுத் தலைவர் அவர்கள் உச்ச நீதிமன்றத்திற்கு அனுப்பிய குறிப்பினை, இந்தியாவின் கூட்டாட்சி அமைப்பு மற்றும் மாநில சுயாட்சியைப் பாதுகாக்க உறுதிபூண்டுள்ள அனைத்து மாநில அரசுகளும் எதிர்க்க வேண்டுமென்றும், நீதிமன்றத்தின் முன் ஒரு ஒருங்கிணைந்த சட்ட உத்தியை உருவாக்கி, இந்திய… pic.twitter.com/QZyCp3RIaz
— CMOTamilNadu (@CMOTamilnadu) May 18, 2025
Accusing the Centre of using Governors to create obstacles for non-BJP ruled States, Stalin added:
“We have all witnessed the manner in which the BJP-led Union Government has deployed Governors to hinder the functioning of opposition-ruled States. They delay assent to Bills, withhold approvals without valid constitutional or legal grounds, sit on routine files and government orders, interfere in key appointments, and have politicised universities by misusing their role as Chancellor. They exploit constitutional silences, assuming that those in high office would act with constitutional morality.”
Concluding his letter, Stalin said:
“At this crucial juncture, I called upon all State Governments and regional party leaders opposed to the BJP and committed to preserving federalism and state autonomy, to unite in this legal battle. I now write to you personally to request your opposition to the reference sought by the President before the Supreme Court.”
He further stated that it was the BJP-led Union Government that advised the President to seek this reference, which “reveals the BJP’s sinister intent”.
In a nutshell, DMK urging non-BJP ruled states and regional party leaders- who are against the BJP – to oppose the Presidential reference.
Former Supreme Court judge V. Gopala Gowda remarked, “A Presidential reference need not be answered.” Speaking at the launch of a book authored by Tamil Nadu Education Minister Anbil Mahesh Poyyamozhi, titled Rogue Elephant Called the National Education Policy, the judge said, “Governors have been taught a lesson by the Supreme Court’s historic judgement, which remains binding. The appropriate remedy is a curative petition. The 2021 Presidential reference went unanswered. In the Ram Janmabhoomi case too, the reference wasn’t acted upon. Why this reference now? The order must be implemented. Article 143 cannot be invoked arbitrarily.”
Retired High Court judge K. Chandru—a known CPM sympathiser and now a staunch DMK supporter—wrote in a leading English daily:
“To challenge a judgement in rare cases, a ‘fit certificate’ is required from two senior advocates. That may be the problem—perhaps none could be found. The other option, as per Vice President Dhankhar’s rhetoric, is to introduce new legislation in Parliament to overturn the judgement—an act likely to stir controversy.”
He added, “Anyone familiar with Presidential references knows there are three outcomes. If an opinion is given, it is not binding on the President (i.e. the Cabinet); it remains merely an opinion, unenforceable by any authority. Under Article 141, only the law declared by the court is binding. There’s also the risk that the opinion, once received, may not suit the government. In any case, the debate may continue endlessly. When the opinion isn’t binding, it is unfortunate that the Centre indulges in such an extravagant legal exercise—one more likely to enrich a few legal luminaries than serve any real purpose—especially when the country is going through a critical phase.”
Tamil Nadu BJP spokesperson A.N.S. Prasad responded by quoting the Chief Justice of India, B R Gavai, who said recently in Mumbai:
“The judiciary, legislature, and executive are the three equal pillars of democracy. There can be no better response to CM Stalin than this.”
Prasad added: “Stalin questions how a nominated Governor can act above an elected State Government. But the Governor is not a private individual; he or she is a representative of the Central Government, which is elected by the people. Just as decisions by an appointed Chief Secretary reflect the will of the State Government, those by an appointed Governor reflect that of the elected Central Government.”
He concluded, “Even in Congress-ruled States, there are no such conflicts between Governors and Chief Ministers. These confrontations occur only in Tamil Nadu under the DMK’s rule, due to the government’s habitual overreach and its combative stance against the Centre. CM Stalin must realise that both the State and Central Governments are elected by the people. Only then can these issues be resolved. As far as the BJP is concerned, we respect the Constitution and the Supreme Court more than anyone else. Rather than indulging in political theatrics like writing letters, CM Stalin should work with the Central Government for the welfare of the people.”
