Show You Have Political Majority, Not Legislative Majority: Supreme Court Tells Shinde Faction
New Delhi, 1st March 2023: The Supreme Court on Tuesday questioned the Eknath Shinde faction whether its move to go against the Shiv Sena’s wish to remain in the Maha Vikas Aghadi (MVA) alliance would amount to indiscipline for disqualification. Defending its stand, the Shinde faction said that the legislature party is an integral part of the parent political party. At this, Justice Narasimha asked the Shinde faction to show that they had a political majority and not a legislative majority.
The Shinde faction pointed out that the party had appointed two whips in June last year and followed the stand of one whip who did not want to remain in the alliance. A five-judge bench headed by Chief Justice DY Chandrachud told the Shinde faction’s counsel Neeraj Kishan Kaul, “If you don’t want to continue in the alliance, decide it outside the house. You are bound to follow party discipline inside the house.”
The bench said, “Your writing a letter to the Governor that you do not want to continue in the MVA alliance is in itself a disqualification. Taking cognizance of the Governor’s letter is recognizing the split in the party.”
The Shinde faction said the Governor was bound by the 1994 judgment of a nine-judge Constitution Bench in the SR Bommai case, which was relied upon in the 2020 Shivraj Singh Chouhan case, that the ultimate test of the majority has to be on the floor of the House. “That is why the Governor ordered a floor test. What else could he have done?” they questioned.
The bench further asked the Shinde faction what relevant material was with the Governor before asking for a floor test. “Can the Governor ask for a floor test if the government is running? What were the reasons that the Governor asked the Chief Minister to prove his majority? Why didn’t the Governor ask you to move the no-confidence motion? Has the Governor not legalized the defection by recognizing the rival faction which is not permissible in the 10th schedule?” the bench questioned.
Kaul read out the letter written by the Governor to the then Chief Minister Uddhav Thackeray and said that the Governor had taken cognizance of three developments. First, seven independent MLAs had written to the governor saying they were withdrawing support to the government. Second, 34 Shiv Sena MLAs had written to the Governor saying that there is widespread discontent in the party cadre about continuing in the MVA. Third, Leader of the Opposition Devendra Fadnavis met the Governor to inform him that the government had lost its majority in the House. The hearing of the case will continue on Wednesday as well.
