Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court In Shiv Sena Case

The hearing concludes for the day.

Sibal: You cannot destabilize a government. If you uphold certain acts by judicial order, you're enabling defections. This has far reaching consequences for the country.

Sibal: What happens to the political party? He says I can do whatever - I can join the BJP, I can go to Gauhati. Under what provision of tenth schedule can they have a defence? The schedule doesn't give them a defence.

Sibal: These 40 people have no defence under the tenth schedule. They don't claim that there is a merger. They say they're majority in legislative party. They claim that they can change whip, the leader of the house. Eknath Shinde calls himself the leader- because he's one of 40.

Sibal: If a small party in a state merges with another big party to form a new party, it becomes his original political party.

Sibal: If you want to maintain morality in public life, you will not be given any office. No governorship, no remunerative posts.

Justice Kohli: Kind of a cooling off...

Sibal: The only way to remedy this is to have a five year period of no public post.

Sibal: What they're doing is bulk defection - which is what is to be prevented. If this is allowed by court then any government can be toppled. You just take those people, become majority, have a trust vote- topple govt. You don't need a split.

CJI DY Chandrachud: The issue as to who represents the political party is still moot.

Sibal: That question doesn't arise here. That will happen outside the house.

Sibal: The purpose of the amendment is that we will not allow you to destabilize the government by bulk defection. And that's exactly what has happened here. The concept of minority is over. Bulk majority will also be qualified of disqualification.