Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court In Shiv Sena Case Hearing [March 16]
Sibal: I don't have to say more. My political experience and your judicial experience is enough to understand this. We've reduced ourselves. We're mocked. People don't believe us anymore.
Sibal: Prime Minister Narasimha Rao ran the minority government. It's not as if government can't be run by minorities. Point is they don't want to lose membership of the house.
Sibal: The governor cannot assume that they've lost majority therefore there is no accountability. That's not permissible as far as the governor is concerned.
Sibal: The session is on. Finance bill is to be passed. Vote against it. The government will fall. What is the problem? What they want is, they want to topple the government, become CM- this isn't constitutionally permissible.
CJI DY Chandrachud: In which case the government now only has x by 2 of its confidence, the government has to continue. It's basically reduced to a minority.
CJI DY Chandrachud: Now going by your logic, the governor can never call a trust vote because he'll say look you've been elected as members of the house, you can't say you've lost faith.
CJI DY Chandrachud: Now suppose government has x number of legislators. Take a case where x divided by 2 say we have no faith in this government. They say okay we'll incur disqualification but we don't have faith.
CJI DY Chandrachud: The only problem is that the basic principle of parliamentary democracy is that government has to be accountable to and must have the faith of the house.
Sibal: The Governor is now looking at intra party dispute. He cannot look at intra party disputes.
Sibal: These decisions are contextual. There is no general rule. Freedom of speech is contextual. How you recognise it is the context.