Opinion Express View: Shinde government continues with a question mark

The immediate import of the Supreme Court judgment Thursday on six writ petitions related to the political upheaval in Maharashtra in June 2022 is that Eknath Shinde gets to stay on as chief minister. But the five-judge bench verdict is likely to have a more far-reaching bearing within and beyond Maharashtra, in the functioning of constitutional authorities of Governor and Speaker. The court has drawn several red lines, which will hopefully make it difficult for overweening governments at the Centre to topple state governments run by Opposition parties, with or without the complicity of these institutions, in future.

The Supreme Court was scathing on the role of the then Governor, Bhagat Singh Koshyari, in the change of government and ruled that his decision to ask Uddhav Thackeray to prove his majority in the House was illegal. The Court’s criticism of Governor Koshyari and its elaboration of the boundaries of his office and constitutional role vis a vis the elected government should henceforth guide residents of Raj Bhavan, in Maharashtra and elsewhere. Its powers do not permit the Governor to “enter the political arena and play a role (however minute) either in inter-party disputes or in intra-party disputes”, the court has said. At a time when the office of governor has become more controversial than it was, the Court’s intervention should help to redraw important lines. On the Speaker’s office, the Court has said “the Speaker must not base their decision as to which group constitutes the political party on a blind appreciation of which group possesses a majority in the Legislative Assembly. This is not a game of numbers, but of something more”.

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Though the SC refused to restore status quo ante in Mumbai, since “Thackeray did not face the floor test and tendered his resignation”, the judgment is likely to invigorate the Opposition. Thackeray, who has lost his party’s name and symbol to Shinde, following a ruling by the EC in February, can now claim a moral victory. The Court’s decision to refer the Nabam Rebia judgment to a larger Constitution bench may give Shinde a reprieve since the current Speaker is set to decide on the matter of disqualification of 16 legislators. However, his authority — as CM and Sena chief — will be severely tested in the days ahead.