Uddhav Thackeray vs Eknath Shinde : Supreme Court Poses Multiple Questions On Governor's Role | Live Updates From Hearing [March 15]

SG Mehta: Then the governor is faced with the situation where there would be unstable government.

CJI DY Chandrachud: Which means he's going to disqualification proceedings...which is what the problem is.

SG Mehta: I am answerable first to my voters and then to anyone else. 39 members can say that we can vote against the party even at the cost of being disqualified.

CJI DY Chandrachud: Then what is the basis for calling for floor test? The only reason why he could've called for a floor test is that these 34 have alienated themselves - they have given up and they're excluded.

CJI DY Chandrachud: He can't go to tenth schedule. That's the speaker's jurisdiction.

CJI DY Chandrachud: Unless there is some subsequent event which alters the legal constitution of the government, the governor must continue to have before him and analyse the situation as it was before the government was formed.

CJI DY Chandrachud: Therefore, the possibility that these 34 in our case would incur a disqualification is irrelevant. If that is so, the governor must proceed on basis of position as it obtains.

CJI DY Chandrachud: Forget the facts. The governor, as a matter of principle, Bommai tells us, Rameshwar Prasad tells us- circumstances which would warrant the invocation of tenth schedule are alien to the mind of governor when he calls for a floor test.

CJI DY Chandrachud: Tell us one reason why he has to call for a floor test.

SG Mehta: Then if they vote against, they will incur disqualification.

CJI DY Chandrachud: Right, but what is the reason for calling a trust vote?

CJI DY Chandrachud: If they continue to be members of shivsena and shivsena continues to have 55 or 56 members which it originally had...