Thread by @LawBeatInd

#SupremeCourt Constitution bench to hear plea on rift between Eknath Shinde and Uddhav Thackeray of #Shivsena
#shivsenacrisis

Hearing begins.
Senior Advocate Harish Salve begins his submissions.
Salve: On Nabam Rabia judgment, petitioner is relying on but they are questioning its correctness as well.
SC: let Mr. Sibal argue, then you can give your reply.
#shivsenacrisis

Senior Advocate Kapil Sibal makes submission before the Constitution bench.
#shivsenacrisis

Sibal appearing for Uddhav Thackeray faction tells court that consequence of Nabam Rebia is the speaker's functioning as a tribunal is stayed.
Sibal: In the meantime politics takes over, then you have your own speaker...
#shivsenacrisis

Sibal: In my personal opinion, Kihoto Hollohan was right, because the speaker can never act as an unbiased umpire in politics. We have to relook Nabam Rebia and the Tenth Schedule, it has created havoc...
#shivsenacrisis

#SupremeCourt : Can we look at Nabam Rebia once..if you are referring to it.
#shivsenacrisis

Sibal: Many letters were exchanged with the governor, sometime in November a notice was issued for disqualification of 21 MLAs of Congress Party, the governor preponed the session to Dec 14 and on Dec 9 he sent a message to the house on conduct of proceedings...
#shivsenacrisis

Sibal: Two issues arise, can the governor prepone the session and can he tell the speaker how to conduct the session..
#shivsenacrisis

Sibal refers to the facts in his submissions.
#shivsenacrisis

Sibal: The 6th session of the house was preponed by the Governor. These actions demonstrate an extraneous exercise of constitutional authority...
#shivsenacrisis #SupremeCourt

Sibal: there is no disputed facts in this case and the solution will emerge from the... just have a look at the message from the Governor...
#shivsenacrisis #SupremeCourt

Sibal reads out the facts.
#shivsenacrisis #SupremeCourt

Sibal: The Tenth Schedule is misused by all Governors; we have to decide if a whole new system has to be put in place or do we uphold Kihoto Hollohan judgement
#shivsenacrisis #SupremeCourt

SC: Nabam says when notice is issued, speaker is disabled..
Sibal: Not in the assembly, but only as a Tribunal...
SC: So there is not disability according to you.
Sibal: There is no disability
#shivsenacrisis
#SupremeCourt

SC: Lets keep Nabam aside and look at the Constitution first..
#shivsenacrisis #SupremeCourt

Sibal refers to Article 179.
SC: The disability attaches to a removal, according to you,
Sibal: please kindly see Article 181 now..
#shivsenacrisis #SupremeCourt

Sibal: The whole process has been polluted...
SG: How?
Sibal: I am not saying now, not making it political or about one party at all..
#shivsenacrisis #SupremeCourt

Sibal reads out Article 181.
#shivsenacrisis #SupremeCourt

SC: Can a speaker while deciding a disqualification issue, affect his own removal?
Sibal: No
SC: But this was your whole argument in the beginning..
#shivsenacrisis #SupremeCourt

SC: We saw the first part on Nabam on ethical grounds by Justice Kehar... lets move forward..
Sibal: yes milord..
#shivsenacrisis #SupremeCourt

SC: On facts of the present case, has the problem arisen for you because of Nabam Rebia..
CJI: Lets look at the judgment further..
#shivsenacrisis #SupremeCourt

SC: How long will you take? On your reference to larger bench....
Sibal: not long...
SC: Just give us a page on facts of Nabam Rebia..we will break for lunch now..
#shivsenacrisis #SupremeCourt

Sibal resumes his submissions.
#shivsenacrisis #SupremeCourt

Sibal: when people are disqualified, and they come back through judicial review, this sets a wrong image, governments cannot be toppled like this..
#shivsenacrisis #SupremeCourt
#MaharashtraPolitics

CJI: So do we refer to 7 judge bench or decipher Nabam Rebia ourselves, because Rebia is also five judge bench, that will cause uncertainty..
Sibal: You can also say that its not binding.
#shivsenacrisis #SupremeCourt
#MaharashtraPolitics

CJI: So disqualified members were allowed to vote in the floor test
Sibal: Yes, which is what toppled the government..
#shivsenacrisis #SupremeCourt
#MaharashtraPolitics

Sibal concludes.
Senior Advocate AM Singhvi begins his submissions.

Singhvi refers to Rajender Singh Rana judgment.
#shivsenacrisis #SupremeCourt
#MaharashtraPolitics

Singhvi: As per Nabam Rebia, once speaker is disabled, the tenth schedule becomes frozen, but for how long, speaker removal can be put to vote in 7 days, so not a lot of harm is done in 7 days...
#shivsenacrisis #SupremeCourt
#MaharashtraPolitics

Singhvi: The substance and spirit of law is to decide if an elected person has joined a particular party or not...
#shivsenacrisis #SupremeCourt
#MaharashtraPolitics