Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court Hearing In Shiv Sena case [Feb 23]

Justice Narasimha: On one hand there's governor who has anxiety that you prove majority. On another hand, we have a speaker exercising the discretion and says now come on, you show, I'll disqualify all of you.

Sibal: One is subject to judicial review, other is not.

Justice Shah: But what if the speaker doesn't take that decision?

Sibal: That question doesn't arise. He must decide as per the court verdict.

Sibal: Ideally, the governor should have said no further action, get decided upon your disqualification and then I'll decide.

Sibal: What are the 39, they're still Shivsena. So he recognises the split. That's the problem. Majority or minority, you cannot destabilize a government.

Sibal: If BJP thought we had lost the majority, they should have moved a motion.

CJI DY Chandrachud: So you're saying that absent a motion, governor should not intervene.

Sibal: Yes

Sibal: Let's not tread into areas which we're not asked to tread upon. We're here as to how 39 or 34 go to governor and government recognises them knowing they're in Shivsena, and administer the oath of office.

CJI DY Chandrachud: Defection affects the stability of the government itself. How does the governor as a head of the state ignore the consequence?

Sibal: Where is that question that arise here?

CJI DY Chandrachud: Equally, what is of concern is that there is a constitutional principle which is that whoever is sworn in as a CM must have accountability to parliament, and therefore to the people.

CJI DY Chandrachud: The governor cannot enter the thicket of disqualification. The governor cannot do anything to protect those who have seen the wrath of disqualification - that we're with you.

CJI DY Chandrachud: 55+44+53 is 152 which was your strength.

Sibal: Plus 14, independents are supporting us.

CJI DY Chandrachud: You're down to 118 which is below the 127 mark.