Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court In Shiv Sena Case Hearing [March 16]

Singhvi: If you're so much for free speech, you say this is a rotten party- then resign and re-contest!

Singhvi: The positive part is- one is split, second is merger, third idea of tenth schedule is resign and recontest.

Singhvi: What is the affirmative? You're entitled to dissent within limits, a zone. Before tenth schedule there was jungle raj- aaya Ram Gaya Ram. You can justify that too by free speech then.

Singhvi: The negative code in a nutshell is that you will not violate whips and voluntary give up membership.

Singhvi: But there's also a positive code. What the tenth schedule does is that it strikes balance between negative and positive.

Singhvi: Your lordships have to go back to the tenth schedule. The tenth schedule has two components. One is a prohibitory negative code- what you shouldn't do.

Abhishek Singhvi: It cannot be argued that the leader is appointed by legislative party. It will turn parliamentary democracy on its head.

Kaul: The party means legislature party.

SG Mehta: The leader conventionally is elected by members of legislature.

Kaul: Nabam Rebia specifically deals with A 179(3) and removal. It's incorrect to say that Nabam doesn't deal with removal at all.

Kaul: This is a flawed argument from the other side as if there is some alternative mandatory mechanism provided.