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

CJI DY Chandrachud: He has to take these 34 as forming a part of the Shivsena legislature party. And if they are a part of the Shivsena legislature party, where is the ground to say that there is a change in the position of trust in house?

CJI DY Chandrachud: The governor has to treat them as part of Shivsena irrespective of what their internal issue is. He cannot say that the letter given by these 34 is a ground for shaking the faith of the government.

CJI DY Chandrachud: So it was alien to the governor's mind that these 34 would have to be excluded from consideration because they have incurred a disqualification under tenth schedule.

CJI DY Chandrachud: This is a government which is legitimately formed. That's one. Second, it says governor cannot assume to himself judicial power and come to the conclusion that it's violation of tenth schedule.

CJI DY Chandrachud: The court says that the governor cannot refuse the formation of new government and override the majority because of his subjective assessment...

CJI DY Chandrachud: Look at what the consequences of these observations (in Rameshwar Prasad judgement) have on this case.

SG Mehta: The power of the governor at the time of initial formation and the subsequent formation has to be the same.

Justice Narasimha: This is a case where the government is subsisting for more than three and a half years.

Justice Narasimha: The court said that the Governor cannot assume that one of the political parties would cobble up majority and coalition and this is a wrong inference.

Justice Narasimha: Instead of waiting for someone to form majority, the governor asked for dissolution. The reason he gave is that if I spend more time to allow a coalition to be formed, they will cobble up majority and violate tenth schedule and create a government.