Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court Hearing In Shiv Sena case [Feb 23]

CJI DY Chandrachud: In which case, the majority requires a motion of confidence. So would the governor in such a case be justified in saying that i still want a vote of confidence?

CJI DY Chandrachud: Once a person incurs a disqualification, then the consequence under Art 193(3) is that his seat becomes vacant. So suppose a group of MLAs incurs a disqualification, strength of house falls by extent of disqualification.

Sibal: Nabam Rebia says governor has discretion in three situations -371, Art 200 and forming a government at the initial stage after election...and ofcourse 356- sending a report.

Sibal: The constitution doesn't give him that power. Tenth schedule he's far removed from. Para 3 is deleted. Breakaway groups will make governments fall. The whole integrity of political process comes to kno

Sibal: Ultimately, the facts are so crystal clear that they can't be subject of yet another interpretation.

Sibal: We don't have to go back to whether the matter is to be sent to speaker or not. If you decide this, nothing else remains.

Sibal: Governor must act with constitutional morality. What morality is this?

Sibal: They said they're in Shivsena. So on what basis did the governor do this? Unless he recognises that the 39 are rebels and have joined hands with BJP.

Sibal: When the governor was approached by Eknath Shinde and BJP, and governor told us to have a trust vote, on what basis did he ask us? He obviously recognised the 39, otherwise he wouldn't have asked us for a trust vote.

Sibal: There is no discretion after elected government is formed. If there is a no confidence motion, government falls, then the governor has discretion. But a governor by his act cannot topple the government.