No rest until Constitution is amended to fix timelines for Governors to clear Bills: Stalin

A day after the Supreme Court pronounced its advisory opinion on a Presidential Reference, Tamil Nadu Chief Minister and DMK president M.K. Stalin on Friday (November 21, 2025) said the “fight for State rights and true federalism will continue”. He asserted there was “no rest until amending the Constitution to fix timelines for Governors to clear Bills”.

The Supreme Court on Thursday (November 20) pronounced its advisory opinion on a Presidential Reference questioning the apex court’s authority to “impose” timelines and prescribe the manner of conduct of Governors and the President while dealing with State Bills sent to them for assent or reserved for consideration.

In a social media post, Mr. Stalin 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”.

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”, he contended. “The Constitutional functionaries must act within the constitutional framework — never above it,” he added. It has reaffirmed that the “Governor has no fourth option to kill the Bill or exercise a pocket veto (as was done by the Tamil Nadu Governor). He has no option to withhold the Bill simpliciter.”

The opinion has also reaffirmed that 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,” Mr. Stalin said.

Citing a nine-judge Bench in Ahmedabad St. Xavier’s College Society v. State of Gujarat (1974) 1 SCC 717 (Para 109), which said “advisory opinion of the Court would have no more effect than the opinion of the law officers”, Mr. Stalin said: “The Supreme Court’s opinion yesterday [November 20] has again rejected the Tamil Nadu Governor’s (a) theory of pocket veto, (b) assertion that Bills can be killed or buried by the Raj Bhavan.”

Mr. Stalin further contended: “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. It has also empowered Constitutional courts to review their actions if they obstruct the passage of Bills indefinitely, and they cannot hide behind Article 361.”

‘No Constitutional authority is above Constitution’

The Chief Minister believed no Constitutional authority could 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.”

Mr. Stalin said, “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.”