Opinion SC ruling on Maharashtra crisis is a victory for Uddhav Thackeray’s Sena

The SC effectively called the run up to the formation of the Eknath Shinde government unconstitutional. It held that the appointment of the party whip by the Shinde faction was “illegal”. It said: “To hold that it is the legislative party which appoints the whip will mean severance of the umbilical cord with the political party. It means a group of MLAs can disconnect from the party. A whip-appointed political party is crucial for the Tenth Schedule.”

The SC has also asserted that the office of the Governor was “not empowered to enter the political domain”. This affirms that the then Governor acted as a party person, and not a constitutional authority. Unfortunately, the BJP’s attacks on democracy have grown to the extent that appointees of the party and its allies make no attempt to hide their partisanship in roles that require impartiality.

The Court further observed that the Speaker made no reasonable attempts to identify if the whip was authorised by a political party or a group within the party. In such a situation, Shiva Sena chief Uddhav Thackeray displayed integrity by not participating in the floor test, which was the outcome of a conspiracy rather than law and ethics.

The question of the party symbol and the Election Commission’s decision in the matter came under the scrutiny of the SC. It stated: “The faction which enjoys a majority in the House is disqualified soon after being adjudicated to be the political party, the very foundation of their claim of being the political party no longer subsists. Even if they are not disqualified, the foundation of their claim (i.e., a legislative majority) is still on uncertain ground at the time of adjudication. This is not a constitutionally desirable outcome.”

As per the judgment, the legislative majority will not amount to political majority in the event of the disqualification of the MLAs. In case the Speaker does not act as per the constitutionally moral scheme, the Shiv Sena (UBT) is within its rights to approach the SC.

Thus, the SC has acknowledged that the manoeuvring by the Shinde-BJP government was illegal and received unconstitutional support from the then governor. This ruling not only dispenses justice and sets a legal precedent but also sends a loud message to those who disrespected the will of the people.

A natural inference of the judgment is that the current government has neither the legal nor the moral basis to continue. It should resign though its greed is likely to overpower political decency. Further, the Speaker is now expected to rule on the disqualification of MLAs as per the law under the Tenth Schedule. While the disregard of the same by those in power may not be surprising, the SC judgment expects adherence to constitutional morality.

While the judgment is the victory of Shiv Sena (UBT) as it fights illegality, immorality and unethical politics, it is unfortunate that the BJP-Shinde camp continues to misrepresent the judgment as being in its favour: The Court refused to restore status quo ante only on procedural grounds. Whether the Governor’s office should be punished for pushing the state into a political crisis and installing a government that is unconstitutional is also a debate worth having. Looking at the big picture, the judgment has vindicated the “real” Shiv Sena and has set a course-correcting precedent for future governance and political transitions.

The writer is a Rajya Sabha MP from Shiv Sena (UBT)