A Constitution Bench of the Supreme Court will continue hearing today the cases related to rift in Shiv Sena.A bench led by CJI DY Chandrachud will hear the matter. Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha are the other members of the bench.Yesterday, the bench had raised several questions on the Governor's decision to call for a floor test. (Shiv Sena Case| Discontent...
A Constitution Bench of the Supreme Court will continue hearing today the cases related to rift in Shiv Sena.
A bench led by CJI DY Chandrachud will hear the matter. Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha are the other members of the bench.
Follow this page for live-updates from today's hearing :
Live Updates
2023-03-16 05:42:15
16 March 2023 12:18 PM IST
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.
16 March 2023 12:18 PM IST
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.
16 March 2023 12:18 PM IST
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.
16 March 2023 12:15 PM IST
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.
16 March 2023 12:14 PM IST
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.
16 March 2023 12:13 PM IST
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.
16 March 2023 12:12 PM IST
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.
16 March 2023 12:12 PM IST
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.
16 March 2023 12:12 PM IST
Sibal: The Governor is now looking at intra party dispute. He cannot look at intra party disputes.
16 March 2023 12:08 PM IST
Sibal: These decisions are contextual. There is no general rule. Freedom of speech is contextual. How you recognise it is the context.