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

Singhvi: Your lordships would apply the "but for" test.

Singhvi: It would be a reversal of that oath. Second, for the purity of process, the deputy speaker would decide what he would have decided before the injunction.

CJI DY Chandrachud: So logically what would be the directions of the court?

Singhvi: The act of swearing-in is wrong and your lordships will ask for it to be done again.

Singhvi: The remedy which is effective and real is the reversal of the status quo ante.

Singhvi: If your lordships find that I have a right, in this case a constitutional right, at the end of that right you cannot say I'm remediless.

Singhvi: Here, a new status quo was created. The fifth principle is actus curiae. If your lordships find then your lordships reverses the most intertwined situations because your lordships never allow the act of court to do any harm.

Singhvi: There may be a rare situation where your lordships pass an interim order to maintain status quo. But your lordships is very sensitive in creating a status quo by an order.

Singhvi: Respect between and mutual balance between judicial and legislative organs is the other legal principle which has to be kept in mind.

Singhvi: The more important principle is that your lordships respects co equal organs. 

Singhvi: Had your lordships had occasion to discuss that two weeks following that, your lordships would have rectified it. Today, it cannot be a bar merely because of passage of time.