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

Sibal: The fact is that he has no authority in law to decide upon the whip and the leader of the house.

Justice Narasimha: How many times have the parties sat down and decided that this isn't working? This will take us nowhere. Unless there is a constitutional amendment, a direct challenge to this...

Justice Narasimha: As long as the constitutional judgement is there, we'll go by that speaker is the tribunal under tenth schedule.

Justice PS Narasimha: They are the legislators, the parliamentarian who have decided that he will be the tribunal. The court is only interpreting.

Sibal: He has appointed the whip,he has appointed the leader of the house. How can there be any confidence in this constitutional authority?

CJI DY Chandrachud: The constitutional authority of the speaker to decide doesn't depend on who he is.

Sibal: Could Mr Kharge on his own say "I'm the leader. I have so many MPs so I'm the leader"? The same thing is with the whip.

Sibal: This has great consequences on the polity of the country. Because now the legislative party believes that it can proclaim to be the political party and throw out office bearers of the political party.

Sibal: Para 15 of symbol order says that if there are two factions in political party, then the question of symbol will arise. That is nobody's case here. How does the majority in legislative assembly become Shivsena?

Sibal: That can only happen if there's a split in the party. Otherwise it's just a normal procedure of taking presidentship of the party.