Journalism of Courage
Sena party symbol hearing: Collective responsibility to keep democracy alive, says Supreme Court
The court was hearing petitions by the Uddhav faction challenging the Election Commission of India’s decision to recognise the Eknath Shinde-led group as the real Shiv Sena and to allot the party’s bow and arrow symbol to it.
The court will continue hearing the matter on August 18.
Advising against underestimating other institutions, the Supreme Court on Thursday said that keeping democracy alive is a “collective responsibility” and not just that of the judiciary.
A three-judge bench presided by Chief Justice of India Surya Kant said this as Senior Advocate Kapil Sibal, appearing for the Shiv Sena (Uddhav Bal Thackeray) faction, urged that only the Supreme Court can do something effectively on the repeated instances of assembly speakers not deciding disqualification petitions on time.
“This is a seminal opportunity for Your Lordships to lay down the law. This is not how…speakers should function in this country if really we want to adhere to the principles on which our constitution was founded. It’s a very sad state of affairs across the board… Whichever party is in power, it shows that the disqualification is not heard… Every party does the same,” Sibal told the bench also comprising Justices Joymalya Bagchi and V Mohana.
The court was hearing petitions by the Uddhav faction challenging the Election Commission of India’s decision to recognise the Eknath Shinde-led group as the real Shiv Sena and to allot the party’s bow and arrow symbol to it.
The bench, however, did not seem to agree with the suggestion that only the judiciary can do something about it. The CJI said that even the Parliament can find a solution.
“Of course it can, but any ruling party, whoever is in Parliament will not allow this to happen. Because they benefit from it. So only Your Lordships can correct. Ultimately the burden of keeping the democracy alive is with you. Not with us,” said Sibal.
Justice Bagchi however said, “it’s a collective responsibility”.
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The CJI added, “let’s not underestimate. Our other institutions are also quite committed”.
“Of course. I am just saying the way it functioned over the last 20-30-40 years is a great matter of concern for all of us. And ultimately the law is to be laid down by Your Lordships… Parliament will pass laws and continue to pass laws, but the test is here. This is a great opportunity to preserve the values that we embrace,” Sibal added.
Sibal questioned the powers of the ECI under Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968, to decide on splits in a political party and said, “it’s a very dangerous proposition of law to say that after the petition is filed under paragraph 15, subsequent events not demonstrated on the day of the filing will demonstrate whether the party claiming has the right to get the symbol because of subsequent events.”
The court will continue hearing the matter on August 18.
© The Indian Express Pvt Ltd
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