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Supreme Court To Deliver Judgments In Shiv Sena Case, Delhi Govt vs LG Services Dispute Tomorrow
LIVELAW NEWS NETWORK
10 May 2023 10:29 AM GMT
The Constitution Bench of the Supreme Court will deliver two major judgments tomorrow. One is the case relating to the disputes between Uddhav Thackeray and Eknath Shinde factions following the rift in the Shiv Sena party, which led to drastic political changes in the State of Maharashtra. The other is the dispute between the Delhi Government and the Lieutenant Governor regarding who has...
The Constitution Bench of the Supreme Court will deliver two major judgments tomorrow. One is the case relating to the disputes between Uddhav Thackeray and Eknath Shinde factions following the rift in the Shiv Sena party, which led to drastic political changes in the State of Maharashtra. The other is the dispute between the Delhi Government and the Lieutenant Governor regarding who has the power to control administrative services in the national capital.
Chief Justice of India DY Chandrachud, while hearing the same-sex marriage case, made the announcement regarding the pronouncement of judgments in these cases tomorrow.
"Tomorrow we have two Constitution Bench judgments to deliver", CJI Chandrachud said. CJI told Senior Advocate Dr.Abhishek Manu Singhvi that the argument in the same-sex marriage case can commence tomorrow at about 12 noon only, as it is a "crowded morning" tomorrow.
"Tomorrow is a crowded morning. We have a reference. Then two CB bench judgments we're pronouncing...", CJI said.
These cases were heard by a 5-judge bench comprising CJI DY Chandrachud, Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli and Justice PS Narasimha. Justice MR Shah, the second senior judge in the bench, is retiring on May 15.
Delhi Govt vs LG issue
It was on January 18 that the Constitution Bench reserved the judgment in the Delhi Government vs LG issue.
In February 2019, a two-judge bench of the Supreme Court had delivered a split verdict on the question of powers of the GNCTD and Union Government over services and referred the matter to a larger bench. In May last year, a bench comprising the then CJI NV Ramana, Justice Surya Kant and Justice Hima Kohli had referred the issue relating to services to the Constitution Bench, observing that the 2018 judgment in the case GNCTD vs Union of India did not consider this aspect while interpreting the ambit of Article 239AA of the Constitution.
Related read : Delhi Govt vs Centre : How The Interpretation Of "In So Far As" In Article 239AA Might Be Crucial
The batch includes the petitions filed by members from the groups of Shinde and Thackeray over several issues. The first petition was filed by Eknath Shinde in June 2022 challenging the notices issued by the then Deputy Speaker against the rebels under the tenth schedule of the Constitution over alleged defection. Later, the Thackeray group filed petitions in the Supreme Court challenging the decision of the Maharashtra Governor to call for a trust vote, the swearing-in of Eknath Shinde as the Chief Minister of the Government with the backing of BJP, the election of new Speaker etc.
In August 2022, a 3-judge bench led by the then Chief Justice of India NV Ramana referred the petitions to a Constitution Bench, raising the following issues :
A. Whether the notice of removal of the speaker restricts him from continuing the disqualification proceedings under Schedule X of the Indian Constitution as held by the Court in Nabam Rebia;
B. Whether a petition under Article 226 and Article 32 lies inviting a decision on a disqualification proceeding by the High Courts or the Supreme Court as the case may be;
D. What is the status of proceedings in the House during the pendency of disqualification petitions against the members?
E. If the decision of speaker that a member was incurred disqualification under the Tenth Schedule relates back to the date of the complaint, then what is the status of proceedings that took place during the pendency of the disqualification petition?
F. What is the impact of the removal of Para 3 of the Tenth Schedule? (which omitted "split" in a party as a defence against disqualification proceedings)
G. What is the scope of the power of the Speaker to determine the whip and leader of house of the legislative party?
H. What is the interplay with respect to the provisions of the Tenth Schedule?
I. Are intra-party questions amenable to judicial review? What is the scope of the same?
J. Power of the governor to invite a person to form the government and whether the same is amenable to judicial review?
K. What is the scope of the powers of Election Commission of India with respect to deter an ex parte split within a party.
The bench started hearing the matter on February 14.
A preliminary issue was raised by the Uddhav side that the matter should be referred to a larger bench to reconsider the dictum laid down in the Nabam Rebia(2016) judgment that Speakers cannot issue disqualification notices when a notice seeking their removal are pending. The bench heard arguments on the preliminary issue for three days. On February 17, the bench decided to consider this preliminary issue along with the merits of the matter. On the same day, the Election Commission of India passed the order giving recognition to Eknath Shinde as the official Shiv Sena. From February 21, the bench started hearing the matter on merits.
