The Supreme Court’s decision in the Shiv Sena case holds significant takeaways. The court found some infirmity or the other in the actions of several players in the saga that led up to the dramatic collapse of the Maha Vikas Aghadi (MVA) government. However, it may end up amounting to little in changing the state’s political scenario.
First, the speaker. The court appeared to strengthen the hand of speakers in deciding disqualification petitions under the anti-defection law, effectively suspending the operation of a 2016 judgment that deprived presiding officers of legislatures of their authority when motions seeking their own removal are pending. But the court found fault with the Maharashtra speaker’s move to recognise the whip appointed by the Eknath Shinde faction over the man picked by the Uddhav Thackeray faction.
To the Election Commission (EC), the court said as a constitutional authority, it could not be prevented from performing its duties for an indefinite period of time and, therefore, proceedings that eventually led to the Sena name and symbol being awarded to Mr Shinde could not have been halted just because the question of disqualification was before the speaker. But the court reiterated that legislative majority was not the only benchmark to decide such disputes, and other considerations such as organisational majority and party objectives must be given due consideration.
The sharpest comments were reserved for the governor. The court said the governor should not enter the political arena, and found that he erred by relying on a letter by rebel Sena legislators because these members constituted a faction of the party, and had not explicitly said they wanted to withdraw their support. The court said none of the communications indicated the dissatisfied members wanted to withdraw support. It found that the exercise of discretion by the governor was unconstitutional. But the court held that the governor’s decision to invite Mr Shinde to form the government was justified as Mr Thackeray had resigned already.
The court’s decision may shape how political splits are adjudicated in the future and how speakers approach disqualification cases. Will it have any impact on Maharashtra’s political scenario? With a little over a year left for assembly polls, it appears unlikely. Mr Shinde will claim victory, never mind the rap on the knuckles. He survives for now. The BJP will also chalk it up as a win. And what about the man at the centre of it all? Mr Thackeray may claim moral victory but save an exceptional electoral performance, the road ahead for him appears steep.
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