No rest until nixing Governors' overreach, says CM Stalin

CHENNAI: Chief Minister MK Stalin on Friday said there would be “no rest” until the Constitution was amended to introduce fixed timelines for Governors to clear Bills passed by State legislatures.

Responding to the Supreme Court’s opinion on the Presidential Reference, he said the ruling would not affect the apex court’s judgment delivered on April 8 in the State of Tamil Nadu vs Governor of Tamil Nadu case.

In a statement, Stalin said the 5-judge Constitutional Bench that issued the opinion had reiterated that an elected government must administer the State and that “there cannot be two executive power centres." He said the top court had made it clear that Governors could not kill Bills by withholding assent indefinitely.

“The Governor has no fourth option to kill a Bill or exercise a pocket veto, as was done in Tamil Nadu. He has no option to withhold the Bill,” he said.

Referring to the nine-judge Bench verdict in Ahmedabad St Xavier’s College Society vs State of Gujarat, he said the advisory opinion would carry no more weight than the views of law officers. He added that the Supreme Court’s interpretation rejected the Governor’s claim that Bills could be kept pending indefinitely or rendered ineffective by inaction.

Stalin said no constitutional authority could place itself above the Constitution. If high constitutional offices violated the Constitution, he said, the courts remained the only remedy. “The doors of the court must not be closed. Any such closure would undermine the rule of law and embolden constitutional breaches committed with political intent,” he cautioned.

He said that the State government would continue its struggle to protect Tamil Nadu’s rights. “I have promises to keep, and until the will of our people is fulfilled through legislation, we will ensure that every constitutional mechanism operates strictly in accordance with the Constitution,” he said.