Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court Hearing | Shiv Sena Case [March 2]
Salve: Please see two provisions of constitution - Article 190. See the language of 190.
Justice Narasimha: 190 is Parliament, we're more concerned about 169.
Salve: Language is identical.
Salve: Everything is academic. Yes, the only thing which remains is the 36 disqualification proceedings which the speaker will decide. And if that's incorrect, the High Court is there, your Lordships are there and you can correct it.
Salve: The tenth schedule needs to be fixed, yes, it has leaks. Biggest example is criminalization of politicians. But these problems are beyond.
Salve: What the governor cannot embark upon, the judiciary is being asked to embark upon. Nothing can be more perilous.
Salve: Bommai says please Mr Speaker don't do mathematics and please Mr governor don't do mathematics - call for a floor test. Governor is to not count heads. Sibal and Singhvi are asking for your lordships to count heads.
Salve: These things happen. These fast moving political waters take different turns at different points. We're not to speculate. If I'm right there, the matter ends here.
Salve: Look at what happened when Shinde came for the floor test. 13 of hardcore supporters of Thackeray abstained from voting!
Salve: If they have defected, is the sin of defection purged? Maybe not. We don't know what would have happened on that fateful afternoon.
Salve: If Mr Thackeray had contested, the court court could have said we can make it subject to our judgement.
Salve: This is in the realm of politics. Why can't it be that two coalition partners say that we don't want to support? How can your lordships be invited to hazard that guess. The "but-for test" cannot apply here.