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“India Is Quasi-Federal, Not Federal”: BJP Leader Ashvathaman Schools MK Stalin Over His Article 200 Amendment Push

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The Commune
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"India Is Quasi-Federal, Not Federal": BJP Leader Ashvathaman Schools MK Stalin Over His Article 200 Amendment Push

A day after the Supreme Court delivered its advisory opinion on the Presidential Reference concerning the powers of Governors and the President over State Bills, Tamil Nadu Chief Minister and DMK president M.K. Stalin on Friday said his government’s fight for “State rights and true federalism” would continue. He declared there would be “no rest” until the Constitution is amended to mandate fixed timelines for Governors to clear Bills.

In a social media post, Mr. Stalin asserted that the Supreme Court’s opinion “will have no impact” on the Court’s earlier judgment dated 8 April 2025, in State of Tamil Nadu v. Governor of Tamil Nadu, which dealt with delays by Governor RN Ravi in acting on State legislation.

Stalin: ‘Governor Has No Fourth Option, No Pocket Veto’

Mr. Stalin said the Constitution Bench had “reaffirmed” that the elected government must remain “in the driver’s seat” and that “there cannot be two executive power centres in the State.”

He highlighted what he called the key reaffirmations in the advisory opinion:

  • A Governor cannot indefinitely delay Bills sent for assent.
  • A Governor has no ‘pocket veto’ and cannot “kill” a Bill by withholding action.
  • The Governor’s options under Article 200 are limited and must be exercised within the constitutional framework.
  • Prolonged and unexplained delays allow States to move Constitutional Courts, which can hold Governors accountable.

Quoting the nine-judge Bench decision in Ahmedabad St. Xavier’s College Society v. State of Gujarat (1974), Mr. Stalin emphasised that an advisory opinion under Article 143 “has no more effect than the opinion of law officers” and cannot overturn past binding judgments.

He added that through its recent legal battles, the Tamil Nadu government had compelled Governors “who are at odds with elected governments” to act in accordance with democratic mandates rather than political interests.

“No Constitutional authority is above the Constitution,” he said, adding that the courts remain the only remedy when a high constitutional authority “breaches the Constitution.”

BJP Leader Ashvathaman Hits Back: ‘India Is Quasi-Federal; Governor Is a Safeguard’

Responding sharply, Tamil Nadu BJP State Secretary Asuvathaman accused the Chief Minister of misrepresenting India’s constitutional structure for political convenience.

In a post on social media, he said, “Before claiming to defend state rights, please understand a basic constitutional truth: India is not a federal system — it is quasi-federal. In such a structure, the Governor’s authority is an essential constitutional safeguard.”

He argued that the Supreme Court’s advisory opinion, delivered by a Constitution Bench, carries “strong persuasive authority,” even if technically non-binding.

Asuvathaman accused the Chief Minister of attempting to “land on his feet” despite the Article 143 opinion going against the DMK’s position, and said Mr. Stalin’s push to reduce the Governor’s powers in appointing Vice-Chancellors stemmed from “political interest” rather than concern for education.

“Tamil Nadu people already know how Vice-Chancellor posts had been auctioned for money, and giving you full control will only ensure this pattern continues,” he alleged.

‘Protect TN From Drugs, Crimes, Not from Governor’

Turning the criticism towards governance issues, Asuvathaman charged that the ruling party was using “state rights” arguments to divert attention from failures on law and order. He said if Mr. Stalin wished to protect Tamil Nadu, he should:

  • Address police excesses and lock-up deaths,
  • Crack down on the drug mafia,
  • Protect women from rising crimes,
  • Tackle cash-for-jobs scams, and
  • Curb alleged state-sponsored human trafficking and kidney rackets.

He concluded, “Stop wearing the mask of a protector of state rights. Everyone knows what you are trying to protect.”

(Source: The Hindu)

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