The Supreme Court on 11th May passed a unanimous judgement on the various issues related to the split in Shiv Sena in June 2022.
- The Supreme Court made strong observations about the role of the then Governor of Maharashtra and the Speaker of the Legislative Assembly. The court, however, refrained from interfering with the proceedings related to disqualifying 16 MLAs, including Chief Minister Eknath Shinde.
Key observations:
- The issue of disqualification ought to be decided as per established procedures in law and the Speaker is the appropriate authority for this under the Tenth Schedule of the Constitution, which lays down the anti-defection law.
- An MLA has the right to participate in proceedings of the House regardless of pendency of any petitions for disqualification.
- The power of the Governor to act without the aid and advice of the Council of Ministers is of an extraordinary nature, and must be exercised with circumspection within the limits of law.
- It also said that the Governor is not empowered to enter the political arena and play a role in inter or intra party disputes.
- The court said that Parliament had recognised the independent existence of a legislature party to the limited extent of providing a defence to actions of legislators of the political party. For instance, the freedom of expression of legislators in the House, or intra-party dissent, cannot fall within the purview of anti-defection laws.
- The court said that a whip interacts with members of the legislature party to communicate the directions of the political party.
- It held that “it is the political party and not the legislature party which appoints the Whip and the Leader of the party in the House”. Therefore, it said the Speaker must recognise only the whip and leader who are duly recognised by the political party.
- The five-judge Bench referred certain issues related to its 2016 judgment in the Nabam Rebia case to a larger Bench. One of the issues is whether a notice for removal of a Speaker would restrict the powers of the Speaker to issue disqualification notices to MLAs.
