Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court | Shiv Sena Case Hearing [February 22]

CJI DY Chandrachud: We understand the significance of the point you've made- which is a significant point for constitutional democracy- that ultimately the party is supreme.

CJI DY Chandrachud: The speaker has to decide if there was a disqualification or not. That's an area we're unable to breach.

CJI DY Chandrachud: You're saying that it was at the behest of the party. The legislatures couldn't have abstained from meeting not replaced whip. All they did was contrary to law and invited a disqualification. All this leads us to this- they have incurred a disqualification.

Sibal: And you're talking about poll promises. The poll promise was broken at the time when Fadnavis and Ajit Panwar were sworn in at the early hours of morning by governor.

CJI DY Chandrachud: Now you're entering into politics...

Sibal: This sudden realisation could not have come up on 21st. It is obviously planned. If this was a grievance, it would have come in public statements etc. And it came from Assam. Why? Because it was planned. It's a conspiracy.

Singhvi: So the party decides. Members are only legislators, they get instructions from the party.

Singhvi: We had a report signed by all except 3 dissents. Matter went to Rajya Sabha- all of them supported. Overnight, the party stand changed. Matter came to lok sabha. The same party which had signed took a different stand. 

Dr AM Singhvi: I'll give an example of how party governs. Very interesting- I happened to be chairman of the parliamentary standing committee of law in 2011. The most contentious Lokpal bill came.

Sibal: You have to maintain the integrity of the political party. Individual members don't decide...

CJI DY Chandrachud: So the party really nominates or authorises the person and the act of defection lies in voting or abstaining from voting contrary to the direction by party or that person.