Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court Hearing In Shiv Sena case [Feb 23]
Singhvi: There are 4 or 5 legal facets. The first is that there were two- one negative and one positive orders by the SC. Negative injunction on 27.06.2022 stated that speaker couldn't determine disqualification
Singhvi: Governors are also creatures of political connections.
Singhvi: There is no role of the governor till now. It's a second separate question on facts- what the governor did see or not see. The governor has no locus.
Singhvi: Not even an attempt (of a no confidence motion)! If you had confidence, you would move the no confidence.
Singhvi: The processes in assembly have to be allowed to work out without external intervention.
Singhvi: Other aspect of this which has to be given weight is- people tend to forget, every assembly has a rule- you cannot bring repetitive no confidence motions.
Singhvi: We're also forgetting the object of the tenth schedule. If your lordships accept that the basic object of tenth schedule is precluding a constitutional sin, para 2 will have to be decided first.
Singhvi: The first is disabling notice- your lordships must decide that in Nabam case. If that's wrong, everything falls.
Singhvi: The context of this case can be divided into 3-4 categories. That context clarifies that you need not bother about governor coming in or not.
Singhvi: If something is deleted, your lordships have to give effect to the intention of that deletion.