Tamil Nadu Chief Minister M.K. Stalin on Friday clarified that the Supreme Court’s recent advisory opinion on the Presidential Reference will not impact the binding April 8, 2025 judgment in the high-profile case of the State of Tamil Nadu versus its Governor. The April ruling, delivered by a two-judge bench, significantly constrained the Governor’s power to withhold assent or exercise a “pocket veto” on state legislation, reinforcing the supremacy of the elected government in the constitutional framework.
Stalin pointed out that the constitutional Bench, which issued the advisory opinion last week, reaffirmed key principles from the April judgment, including that the Governor cannot indefinitely delay bills and must act within constitutional limits. The CM emphasized that the Governor has no “fourth option” to kill bills without returning them, and that the elected government should be the primary decision-maker without dual executive power centers within the state.
The Supreme Court’s five-judge panel noted that since the Constitution does not prescribe specific timelines for Governors or the President to act on bills, the earlier April ruling’s imposition of such deadlines was “erroneous.” The court explained that those sections of the judgment relating to timelines are only obiter dicta (non-binding observations) and should not affect the core principles upheld. Nevertheless, the Bench underscored that prolonged, unexplained inaction by Governors could invite limited judicial review to ensure constitutional compliance.
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Stalin condemned attempts to politicize the Governor’s role and appealed to the courts as protectors of constitutional governance, stating, “When a high Constitutional Authority breaches the Constitution, Constitutional Courts are the only remedy.” He insisted that any attempt to undermine the April judgment using the advisory opinion would erode democratic norms and encourage unconstitutional conduct by Governors acting on political motives.
The April Supreme Court verdict remains a watershed moment reaffirming federalism and parliamentary democracy, outlawing extended gubernatorial veto powers while balancing their discretionary role within constitutional bounds. Tamil Nadu’s Chief Minister vowed to continue defending this judgment and push for constitutional amendments to clarify procedural timelines, ensuring democratic mandates are respected ahead of the state’s upcoming assembly elections.
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