Delving into the verdict on the Shiv Sena Issue, The Hindu Editorial Analysis
The Hindu Editorial Analysis: The Editorial Analysis of The Hindu Newspaper Editorial Articles aimed at simplifying various concepts relevant to the UPSC and other State PSC Exams. The Editorial Analysis helps in expanding the knowledge base as well as framing better quality mains answers. Today’s Hindu Editorial Analysis of ‘Delving into the Verdict on the Shiv Sena Issue’ discusses the Supreme Court of India’s judgment on the Shiv Sena issue and various associated issues of the judgement.
The Supreme Court of India’s verdict on the Shiv Sena issue is intriguing because both sides perceive it as favorable to their cause.
The Court strongly criticized the Maharashtra Governor’s decision to call for a floor test, deeming it illegal. The Court explicitly stated that the Governor, as a constitutional authority, should refrain from entangling themselves in internal party conflicts or disputes, both within a party or between parties.
The Constitution Bench, however, finds no fault in the Governor’s decision to invite Eknath Shinde to form an alternative government, as it falls within the constitutional responsibilities of the Governor to explore such possibilities when the incumbent government collapses.
In line with the universally acknowledged practice observed in democratic nations, when a government collapses, the constitutional head, be it the Governor or President, typically seeks to ascertain whether the leader of the Opposition can form a new government.
The question of disqualifying MLAs who defied the whip raises the fundamental issue of determining the validity of the whip itself. In this case, both factions within the Shiv Sena Party issued whips to all its members, resulting in reciprocal disqualification petitions. The Court rightfully emphasized that the initial decision on a disqualification petition should rest with the Speaker. Consequently, the matter of disqualification has been referred back to the Speaker.
The judgment, by discussing factions and the Speaker’s role in determining the legitimate party, introduces a level of confusion. A more decisive stance by the Supreme Court, explicitly declaring Uddhav Thackeray’s party as the original political party with the authority to issue a valid whip, would have prevented the current state of confusion in Mumbai.
Anti-Defection Law- Disqualification of MLAs
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