Major win to Shinde govt! SC refuses to restore Uddhav Thackeray govt as he resigned; Know key points of verdict

The CJI-led 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.

NewsBharati    11-May-2023 13:03:59 PM
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New Delhi, May 11 : In a major relief to the Eknath Shinde-BJP combine in power in Maharashtra, the Supreme Court on Thursday ruled that the erstwhile Maha Vikas Aghadi government cannot be restored in the state as then Chief Minister, Uddhav Thackeray, did not face a floor test and resigned of his own volition.
 
SC
 
While pronouncing the verdict, The bench said that the then Maharashtra Governor Bhagat Singh Koshyari’s decision to call for a floor test that ultimately toppled the Uddhav-Thackeray-led MVA government was not in accordance with the law.The CJI-led 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.
 
 

Key Points of the verdict

 

  • SC refers 'Nabam Rebia' decision to larger Constitution Bench 


Supreme Court said that the 2016 Nabam Rebia case which held that Speaker cannot initiate disqualification proceedings when a resolution seeking his removal is pending, requires reference to a larger bench. The top court 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.
 

  •  Speaker's Decision to appoint Gogawale as the whip illegal


Talking about the merits of the case, CJI DY Chandrachud said that it will not be right for democracy to separate the whip from the party as it is the party that seeks votes from the public and MLA alone cannot decide who will be the whip. Uddhav Thackeray was chosen as the leader in the meeting of party legislators. On July 3, the Speaker approved the new whip of the Shiv Sena. Thus, there are two leaders and two whips, he mentioned.

Supreme Court said that the state assembly Speaker should recognise only the whip appointed by the political party. 
 
What is whip? 
A whip is a directive from a political party that binds the members of that political party in a House to obey the line of the party. In India, the concept is a remnant of the British colonial rule. Most parties appoint a whip whose job it is to ensure discipline among the party members at the floor of the House. 

  • Exercise of discretion by the Governor was not in accordance with the Constitution 

On the role of the then Governor of Maharashtra Bhagat Singh Koshyari, the Supreme Court said, the governor had no objective material in calling for a floor test.
 
SC said that governor is not entitled to enter the political arena and play a role in intra-party to inter-party disputes. He cannot act on the basis that some members want to leave Shiv Sena.
 
According to the SC bench, the Governor erred in relying on the resolution of a faction of MLAs of Shiv Sena to conclude that Uddhav Thackeray had lost the support of the majority of MLAs. "Governor had no objective material to doubt the confidence of the Uddhav Thackeray-led government and call for a Floor test. The resolution relied on by the government did not indicate that MLAs wanted to withdraw support. Even if it is assumed that the MLAs wanted to exit the government, they constituted only a faction," the Supreme Court stated.
 

  • Cannot restore Uddhav Thackeray government 


However, the top court said that status quo ante cannot be ordered by restoring MVA government as then CM Uddhav Thackeray did not face the floor test and tendered resignation. Hence, the Governor was justified in administering the oath to Eknath Shinde with the support of the largest party BJP.

Supreme Court asked the Speaker to decide on disqualification petitions within a reasonable time.
Uddhav Thackeray govt Shinde govt Supreme court India Constitution