MK Stalin in his letter said that it is well known that the advisory judiciary of the Supreme Court cannot be invoked or exercised when the issue in question has already been decided by an authoritative verdict of the court.
Tamil Nadu Chief Minister MK Stalin wrote to eight non-BJP ruled states’ chief ministers to oppose the Presidential reference to Supreme Court on deadlines for the President, Governor over Bills and batted for a coordinated legal strategy.
The president of the state’s ruling DMK in his letter said that it is well known that the advisory judiciary of the apex court cannot be invoked or exercised when the issue in question has already been decided by an authoritative verdict of the court.
“Yet, the BJP government has pressed ahead with seeking a reference, which points to their sinister intent,” he alleged. Stalin urged the chief ministers of non-BJP ruled states to oppose this reference sought by the President before the Supreme Court.
What did Statin’s letter read?
Writing to them, in a letter dated May 17, he said: “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 Supreme Court in its historic judgement (State of Tamil Nadu vs Governor of Tamil Nadu). I look forward to your immediate and personal intervention in this vital issue.”
The Tamil Nadu CM wrote to the chief ministers of West Bengal, Karnataka, Himachal Pradesh, Telangana, Kerala, Jharkhand, Punjab and Jammu and Kashmir.
He stated that President Droupadi Murmu, acting on the advice of the Union government, referred 14 questions to the Supreme Court on May 13, 2025, under Article 143 of the Constitution.
Stalin alleges BJP of using governors to disrupt functioning of opposition ruled states
He alleged that the BJP-led Union government has consistently used governors to disrupt the functioning of opposition-ruled states. According to him, governors have delayed giving assent to Bills without valid constitutional or legal grounds, stalled routine files and government orders awaiting signatures, interfered in key appointments, and politicized educational institutions by misusing their role as university chancellors.
“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,” he said. He further pointed out that it was within this context that the Supreme Court delivered its landmark ruling in the Tamil Nadu Governor’s case.
“Now this judgement will ensure that the Union Government does not unduly interfere with the State Governments performing our roles and responsibilities within the spheres given to us under the Constitution,” he added.