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MK Stalin on SC order on Presidential Reference: 'Our fight for state rights, true federalism will continue'

MK Stalin said that the Supreme Court 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.

MK Stalin
MK Stalin Image Source : PTI
Published: , Updated:
Chennai:

Tamil Nadu Chief Minister MK Stalin on Friday stated that "there will be no rest" until amending the Constitution to fix timelines for Governors to clear Bills. In his first reaction to the Supreme Court's order on the Presidential Reference, he said, "Our fight for State rights and true federalism will continue."

Stalin says SC’s opinion will have no impact on April 8 judgment

In a statement, Stalin said that 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 vs Governor of Tamil Nadu.

The chief minister said that 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.

"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," the CM asserted.

DMK says SC order on Presidential reference was only an opinion

Earlier, the DMK said that the Supreme Court's 'no timelines for Governors,' in the matter of Presidential reference was only an opinion and not a judgment. Hence, it was not binding and will not have any impact on adjudication in courts, the party said.

DMK Rajya Sabha MP and senior advocate P Wilson said, "This was not a judgment, and it was only an opinion given by the apex court" on the Presidential reference as per the Constitutional provisions.

Such an opinion given today will not be binding on the apex court during adjudication, he told reporters here.

"The opinion given today, will not be binding in any manner," he asserted citing the 9-judge bench case in 1974 in the Ahmedabad St Xavier's College Society v State of Gujarat.

Also, as per para 26 of the opinion given today, the SC has said that its opinion will not affect the Supreme Court judgment delivered in April this year by a Division Bench headed by Justice JB Pardiwala in a petition filed by the Tamil Nadu government over Governor referring bills to President.

SC earlier fixed 3-month time for President, Governors to clear bills

That judgment earlier this year fixed 3-month timeline for the President and the Governors to clear state bills.

Hence, the judgment already delivered will not be affected by the SC opinion, the noted DMK advocate said.

It may be recalled that the Tamil Nadu government notified on April 12, 2025 as many as 10 Acts after the apex court judgment that said the bills adopted again by the Assembly and sent to the President by the Governor were deemed to have received assent.

Also Read: 

Supreme Court says it's not appropriate for court to set timelines for President, Governors to clear bills

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