Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court In Shiv Sena Case Hearing [March 16]
Justice Narasimha: This argument could sometimes be dangerous also because there is absolutely no freedom in the party except for one leader. Many a times it's one family which runs it.
Sibal: Suddenly they decide that they're all gonna resign?
Sibal: They could have followed the Madhya Pradesh model.
Sibal: Forget tenth schedule. He cannot call for trust vote based on a faction. Calling for trust vote is based on alliances.
Sibal: No, this used to happen when the tenth schedule was not there! So we're going back to a time with no tenth schedule
CJI: So you're saying Governor cannot call for trust vote oblivious to provisions of tenth schedule.
CJI: Acc to you, there's a split which is not recognised. But there's a group of legislators who say they withdrew support. They'll incur a disqualification. Can the governor not then look at the numbers and say that this conduct also affects the strength of the house?
Sibal: The governor's acts placed a premium on the unconstitutional acts of the faction, allowing them to topple the government. He knows. He went outside the scheme of the tenth schedule.
Sibal: The legislator has no identity other than being a representative of the political party.
Sibal: That's the Aaya Ram Gaya Ram principle we gave up! It's disastrous for the democracy. The propositions advanced by them are contrary to basic principles of constitutional law.
Sibal: There is no space for factions when the governor has to appoint a CM. Now if all of Shivsena had gone to BJP, the Governor would have called for floor test - if Shivsena itself went.