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.
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.
