Tamil Nadu BJP State Secretary A. Aswathaman schooled Chief Minister MK Stalin over his remarks on the recent Supreme Court Constitution Bench opinion on the 14 questions sent by the President of India, saying, “Before claiming to defend state rights, please understand a basic constitutional truth: India is not a federal system — it is quasi-federal. In such a structure, the Governor’s authority is an essential constitutional safeguard.”
Taking to his social media platform X, Advocate Aswathaman said, “the Advisory Jurisdiction of the Supreme Court, especially when delivered by a full bench, carries strong persuasive authority. But even with the Supreme Court’s Article 143 opinion going against your stand, you still try to land on your feet and act as if nothing is your fault. Your constant attempts to sideline the Governor in appointing Vice-Chancellors are not for Tamil Nadu’s welfare but for your political interest. Tamil Nadu people already know how Vice-Chancellor posts had been auctioned for money, and giving you full control will only ensure this pattern continues. If you truly want to protect Tamil Nadu, then protect it from police atrocities and lock-up deaths, protect it from the drug mafia, protect women from rising violence, and protect the youth from cash-for-jobs scams, and protect it from state-sponsored human trafficking – Kidney theft. Stop wearing the mask of a protector of state rights. Everyone knows what you are trying to protect.”
Mr. CM @mkstalin,
Before claiming to defend “state rights,” please understand a basic constitutional truth: India is not a federal system — it is quasi-federal.
In such a structure, the Governor’s authority is an essential constitutional safeguard.The Advisory Jurisdiction of… https://t.co/lVZAvqerAp
— Ashvathaman Allimuthu (@asuvathaman) November 21, 2025
This was in response to Stalin, who made a statement on his X platform a day after the Apex Court delivered its opinion on the Presidential Reference.
CM Stalin said, “Our fight for State rights and true federalism will continue! No rest until amending the Constitution to fix timelines for Governors to clear Bills!”
Adding further in the tweet, he said, “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. In fact, 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; the Governor has no fourth option to kill the Bill or exercise a pocket veto (as was done by the TN Governor). He has no option to withhold the Bill simpliciter and 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.”
TN CM said, “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.”
DMK leader MK Stalin further added, “I believe that no constitutional authority can claim to be above the Constitution. 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.”
☀️ Our fight for State rights and true federalism will continue!
☀️ 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… pic.twitter.com/YHnD6pxs7c
— M.K.Stalin – தமிழ்நாட்டை தலைகுனிய விடமாட்டேன் (@mkstalin) November 21, 2025
Critics say, “Wasting time of the judiciary and engaging top and highly paid lawyers using tax payers’ money to achieve its political ideology. It has been in the habit of appreciating judiciary or things when its favours and condemns and filing frivolous petitions. He just copy pasted what his lawyer MP had given without understanding anything as he has been earlier. What he was trying to say all the bills sent by him should be given nod without verifying legal issues involves in it. If he send a bill seeking formation of separate Tamil Nadu state will it be okayed?. For example, if governor gives assent to NEET, what will happen? DMK is doing them only for electoral gains and to fulfil its poll promise made in 2021”.
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