Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court | Shiv Sena Case Hearing [February 22]
CJI DY Chandrachud: It would be very difficult for us to take the function of speaker.
CJI DY Chandrachud: Assuming we do that, we place ourselves before 27th, we would have said let the speaker decide. Your argument would be till speaker decides, no trust vote.
CJI DY Chandrachud: If a situation happens because of a judicial order, we're not saying it has but if it does, it's the duty of the court to rectify situation which emerges as a result of its own order.
Sibal: Quite frankly, constitutional court should be worried because if this becomes a precedent it can happen in other cases too. What has happened has happened because of a judicial order.
CJI DY Chandrachud: Right or wrong, this is the system we have assumed as we the people. When the court tries and breach the system... that's what's worrying us.
Sibal: The court has had that the illegality cannot even continue for a day, I'll take the decision
CJI DY Chandrachud: Should the court enter into that area? There are very serious ramifications...
Sibal: Your lordships have done it in past, i hope to convince you for future.
CJI DY Chandrachud: It could be two fold- one that speaker cannot be trusted as impartial arbiter.
Sibal: I withdraw that.
CJI DY Chandrachud: Second would be that the facts are so clear that you make the decision.
CJI DY Chandrachud: So far so good. It's a very significant point you've made. But the next point - what is the consequence?
CJI DY Chandrachud: You are elected as representative of party and your behaviour must be dictated by the party.