Source: The post is based on the following articles
“SC verdict on Maharashtra political crisis: The apex court draws red lines” published in the Indian Express on 12th May 2023.
“Mumbai Message – Shinde survives. But SC makes clear party has primacy over legislative wing – big implications” published in the Indian Express on 12th May 2023.
Syllabus: GS – 2: issues and challenges pertaining to the federal structure.
Relevance: About Supreme Court verdict on the Shiv Sena case.
News: The Supreme Court recently held that the then Maharashtra Governor’s call for a trust vote, which led to the resignation of the Uddhav Thackeray government last June, was illegal.
About the Supreme Court verdict on the Shiv Sena case
|Must Read: Supreme Court verdict on the Shiv Sena case|
What are the significances of the SC verdict on the Shiv Sena case?
Clearly defined the boundaries of state machinery: The judgement marked the boundaries of the three constitutional arms of the state machinery, namely governors, the Election Commission and presiding officers of legislatures.
Limited the involvement of Governor and Speaker in power games: The role played by Governor and Speaker proved decisive in the power game. The court said that the Governor is not empowered to enter the political arena and play a role in inter or intra-party disputes and also clarified that the floor test is not the platform to resolve intraparty disputes. Similarly, the court said that the Speaker must recognise only the whip and leader who are duly recognised by the political party. This will make the hostile takeover of state governments with active gubernatorial support will be difficult in future.
Provide greater protection to political parties: The court held that the whip on voting represents the will of the party and not its legislators. It’s the party that appoints its whip and the house leader. This means political parties now have a greater degree of protection against defection by legislators.
Utilised the constitutional principles effectively: The SC has used the Constitution’s tenth schedule – meant to prevent opportunistic defections – as the reference point to reach its conclusions. The most important conclusion is that a political party is superior to its legislative wing.