Relief for Eknath Shinde govt: Maharashtra Guv did not act as per law, but can’t restore Thackeray govt, says SC
The apex court said it cannot disqualify Eknath Shinde and 15 other MLAs for revolting against then CM Uddhav Thackeray in June last year as he resigned without facing the floor test.
- May 11, 2023,
- Updated May 11, 2023 2:18 PM IST
Maharashtra Political Crisis: In a major setback to Uddhav Thackeray and his team, the Supreme Court on Thursday said that current Maharashtra CM Eknath Shinde will get to keep his job, even though Maharashtra Governor did not act in accordance with law.
The apex court held that the Maharashtra Speaker's decision to appoint Bharatshet Gogawale, who was backed by the Shinde faction, as the Whip of the Shiv Sena party was illegal, Live Law reported on Thursday.
A constitution bench led by Chief Justice of India DY Chandrachud on Thursday held that it cannot order the restoration of Uddhav Thackeray's government as he resigned without facing the floor test.
What SC said on role of Maharashtra Governor
The five-judge Constitution Bench, comprising CJI Chandrachud and Justices M R Shah, Krishna Murari, Hima Kohli, and P S Narasimha, on Thursday said:
1. The governor had no objective material in calling for a floor test.
"If the Speaker and the government circumvent the no-confidence motion, the Governor will be justified in calling for a floor test without the aid and advise of the council of ministers...The assembly was not in session when the Leader of Opposition Devendra Fadnavis wrote to the Government. The opposition parties did not issue any no-confidence motion. The Governor had no objective material to doubt the confidence of the Govt," he said.
2. A floor test cannot be used as a medium to resolve inter-party disputes or intra-party disputes, the bench said. "Even if it is assumed that the MLAs wanted to exit the govt, they constituted only a faction There is a marked difference between the party not supporting the government and the individuals not supporting it. Neither the Constitution nor the law empower the Governor to enter the political arena and play a role either in inter-party or intra-party disputes," the bench said on Thursday.
3. The beach added the Governor could not have relied on security concerns. The Governor ought not to rely on the letter which states that Thackeray has lost the majority.
4. It added that the other faction should have moved a no-confidence motion.
SC on removal of Maharashtra Speaker
CJI DY Chandrachud on Thursday said that issues such as whether a notice to the removal of the Speaker will restrict the powers of the Speaker to issue disqualification notices need examination by a larger bench.
While pronouncing the verdict, the CJI-led constitution bench referred the Nebam Rabia judgment, which puts restriction on Speaker’s power to decide disqualification if disqualification is pending, to a seven-judge bench.
The case
In June 2022, Eknath Shinde and 39 MLAs revolted against the ruling Shiv Sena, leading to a split in the party and the collapse of the Maha Vikas Aghadi government in Maharashtra, which was led by Uddhav Thackeray, and also included the NCP and Congress.
In 2022, Shinde took over as the chief minister of Maharashtra with BJP’s support after his rebellion prompted Thackeray to resign before a floor test. Shinde was appointed as the new CM on June 30, and Devendra Fadnavis, former CM, was appointed as his deputy.
The Maharashtra legal battle in the Supreme Court commenced on June 27 last year when the court restrained the then deputy speaker of the Maharashtra assembly – a Thackeray loyalist -- from disqualifying a group of rebel Shinde-led Shiv Sena legislators.
The SC has been hearing a batch of petitions filed by both Sena factions since last year as both factions have challenged the government formation procedure in the state. Senior counsels Kapil Sibal and AM Singhvi appeared for the Uddhav camp and Harish Salve, NK Kaul, and Mahesh Jethmalani represented the Shinde camp.
Reaction to order
Reacting to the apex court's recent, Shiv Sena (UBT) MP Sanjay Raut said: "If everything from issuing a whip to the appointment of the chief whip and calling for floor test is considered to be illegal, then what is legal? Shinde and Fadnavis and his people should not distribute sweets now. You are an illegal government. If you have any morality left in you, then they should resign immediately," Raut said.
Maharashtra Political Crisis: In a major setback to Uddhav Thackeray and his team, the Supreme Court on Thursday said that current Maharashtra CM Eknath Shinde will get to keep his job, even though Maharashtra Governor did not act in accordance with law.
The apex court held that the Maharashtra Speaker's decision to appoint Bharatshet Gogawale, who was backed by the Shinde faction, as the Whip of the Shiv Sena party was illegal, Live Law reported on Thursday.
A constitution bench led by Chief Justice of India DY Chandrachud on Thursday held that it cannot order the restoration of Uddhav Thackeray's government as he resigned without facing the floor test.
What SC said on role of Maharashtra Governor
The five-judge Constitution Bench, comprising CJI Chandrachud and Justices M R Shah, Krishna Murari, Hima Kohli, and P S Narasimha, on Thursday said:
1. The governor had no objective material in calling for a floor test.
"If the Speaker and the government circumvent the no-confidence motion, the Governor will be justified in calling for a floor test without the aid and advise of the council of ministers...The assembly was not in session when the Leader of Opposition Devendra Fadnavis wrote to the Government. The opposition parties did not issue any no-confidence motion. The Governor had no objective material to doubt the confidence of the Govt," he said.
2. A floor test cannot be used as a medium to resolve inter-party disputes or intra-party disputes, the bench said. "Even if it is assumed that the MLAs wanted to exit the govt, they constituted only a faction There is a marked difference between the party not supporting the government and the individuals not supporting it. Neither the Constitution nor the law empower the Governor to enter the political arena and play a role either in inter-party or intra-party disputes," the bench said on Thursday.
3. The beach added the Governor could not have relied on security concerns. The Governor ought not to rely on the letter which states that Thackeray has lost the majority.
4. It added that the other faction should have moved a no-confidence motion.
SC on removal of Maharashtra Speaker
CJI DY Chandrachud on Thursday said that issues such as whether a notice to the removal of the Speaker will restrict the powers of the Speaker to issue disqualification notices need examination by a larger bench.
While pronouncing the verdict, the CJI-led constitution bench referred the Nebam Rabia judgment, which puts restriction on Speaker’s power to decide disqualification if disqualification is pending, to a seven-judge bench.
The case
In June 2022, Eknath Shinde and 39 MLAs revolted against the ruling Shiv Sena, leading to a split in the party and the collapse of the Maha Vikas Aghadi government in Maharashtra, which was led by Uddhav Thackeray, and also included the NCP and Congress.
In 2022, Shinde took over as the chief minister of Maharashtra with BJP’s support after his rebellion prompted Thackeray to resign before a floor test. Shinde was appointed as the new CM on June 30, and Devendra Fadnavis, former CM, was appointed as his deputy.
The Maharashtra legal battle in the Supreme Court commenced on June 27 last year when the court restrained the then deputy speaker of the Maharashtra assembly – a Thackeray loyalist -- from disqualifying a group of rebel Shinde-led Shiv Sena legislators.
The SC has been hearing a batch of petitions filed by both Sena factions since last year as both factions have challenged the government formation procedure in the state. Senior counsels Kapil Sibal and AM Singhvi appeared for the Uddhav camp and Harish Salve, NK Kaul, and Mahesh Jethmalani represented the Shinde camp.
Reaction to order
Reacting to the apex court's recent, Shiv Sena (UBT) MP Sanjay Raut said: "If everything from issuing a whip to the appointment of the chief whip and calling for floor test is considered to be illegal, then what is legal? Shinde and Fadnavis and his people should not distribute sweets now. You are an illegal government. If you have any morality left in you, then they should resign immediately," Raut said.