Tamil Nadu Chief Minister M Ok Stalin has written to eight non-BJP Chief Ministers, together with West Bengal’s Mamata Banerjee, urging them to “oppose the reference sought by the President earlier than the Supreme Courtroom” over the powers and deadlines regarding gubernatorial assent to state laws.
Calling it a transfer that might “unsettle a landmark judgment” on federal powers, Stalin requested for a united authorized entrance to “protect and defend the essential construction of the Structure”.
Stalin’s letter, dated July 17, comes after the Union authorities suggested the President to invoke Article 143 and refer 14 questions to the Supreme Courtroom — questions Stalin mentioned are supposed to “query the findings on regulation and interpretation of the Structure” delivered within the State of Tamil Nadu v Governor of Tamil Nadu verdict.
Whereas the presidential reference doesn’t explicitly point out any state or judgment, Stalin warned that “its intent is to undermine” a ruling that he described as a “historic judgment obtained by my authorities… not just for my state however for all states”.
The Supreme Courtroom ruling had strongly restricted the discretionary energy of Governors, affirming that they’re “certain by the help and recommendation of the state Cupboard whereas coping with Payments” and that they “can’t train pocket veto to delay assent to Payments inordinately”. The judgment additionally held {that a} Governor “can’t kill Payments by withholding assent and never returning Payments to the Home”, and that when a Invoice is re-enacted and despatched for assent for a second time, the Governor “can’t withhold assent”. Clear timelines have been additionally laid down for the President and Governor beneath Articles 200 and 201.
Stalin warned that the BJP-led Centre is utilizing the President’s reference because the “first limb of their ploy” to dilute the judgment, which may set a precedent for different Opposition-ruled states. “Now we have all been witness to the way in which by which the BJP-led Union authorities has used Governors to impede and impede the functioning of Opposition-ruled States,” Stalin wrote, citing delays in assent to Payments, withholding of routine approvals, and interference in appointments and universities.
“They’ve been ready to take action by making the most of the truth that the Structure is silent on sure points, as a result of the framers of the Structure trusted that these holding excessive constitutional workplace would act in accordance with constitutional morality,” he wrote.
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Stalin, who can be the president of the state’s ruling DMK, referred to as on the CMs to intervene personally and urgently. “I’m now writing to you to personally request your good selves to oppose this reference… We should evolve a coordinated authorized technique earlier than the court docket and current a united entrance to protect and defend the essential construction of the Structure,” the letter mentioned.
The Chief Ministers of West Bengal, Kerala, Telangana, Punjab, Bihar, Jharkhand, and Andhra Pradesh are believed to be among the many recipients of the letter. Stalin had earlier referred to as on leaders of all regional events against the BJP to “unite within the upcoming authorized battle”.