Thread by @barandbench

Constitution Bench of the Supreme Court to continue hearing the Maharashtra politics case involving the tussle between Uddhav Thackeray and Ekanath Shinde factions of Shiv Sena

#SupremeCourt #SupremeCourtOfIndia #MaharashtraPolitics #Shivsena @mieknathshinde @ShivSenaUBT_

CJI: Please formulate the rejoinder points. We all know the facts very well by now

Sr Adv Kapil Sibal: Please see Article 180 (1)

#SupremeCourt #SupremeCourtOfIndia #MaharashtraPolitics #Shivsena @mieknathshinde @ShivSenaUBT_

Sibal: Please refer to clause 2 as well of Article 180.. while office of speaker is vacant duty by deputy speaker and if speaker is vacant then governor can appoint on advice of council of ministers...

#SupremeCourt #SupremeCourtOfIndia #MaharashtraPolitics #Shivsena… twitter.com/i/web/status/1…

Sibal: Now please see the 10th schedule. There can be no hiatus. Even if there is a proceeding against the speaker.. the disqualification notice does not stop.

#SupremeCourt #SupremeCourtOfIndia #MaharashtraPolitics #Shivsena @mieknathshinde @ShivSenaUBT_

CJI: What is the ground met for removal of the speaker?

Sibal: no ground.

CJI: So not under 10th schedule

CJI: But they can say no confidence in the speaker

Sibal: but that is no reason. the reason has to be cogent as held by this very court

#SupremeCourt… twitter.com/i/web/status/1…

Sibal: heart of the matter is 34 have come to me and I recognise them and if it is germane to the constitutionally recognized process then it is fine. Sarkaria commission had noted that governor can hear a party not individuals

#SupremeCourt #SupremeCourtOfIndia… twitter.com/i/web/status/1…

Sibal: only 8 were ministers.. and then how did governor think they were a majority.. this means governor misread the representation and governor based his satisfaction as per his claim on majority of shiv sena.. how does the governor recognise majority or minority to direct a… twitter.com/i/web/status/1…

Sibal: between legislature and political party, the political party has primacy...the will of legislators is subject to the functioning of political party both inside and outside house and dissent is outside not inside the house #ShivSenaCrisis

Sibal: if 50 members of BJP today support Uddhav Thackeray will the governor call for a floor test? the arguments advanced on the other side is against the basic principles of constitutional law #shivsenacrisis

Sibal: when we enter this courtroom..it is different aura.. we come with an expectation that you are the only hope. you are the hope of billions of people and democracy cannot be allowed to be destroyed. why was socrates executed?.. because he did not believe in Athenian God..… twitter.com/i/web/status/1…

CJI: Can Governor call for trust vote oblivious to provisions of tenth schedule?

Sibal: leave alone the 10th schedule.. he cannot call for trust vote based on a faction and calling for trust vote is based on alliances milord

#ShivSenaCrisis

CJI: Basic principle of parliamentary democracy is government must be accountable to the public. Suppose some of the members say we have no faith in government and yes disqualification will happen but you say governor cannot call a floor test... but you are saying govt should… twitter.com/i/web/status/1…

Sibal: This is not an insurmountable legal issue... finance bill has to be passed and the house is in session.. vote against the bill and the govt will fall... what else. PV Narasimha Rao ran a minority govt.. not like such a govt cannot be run. Here the issue is to topple the… twitter.com/i/web/status/1…

Sibal: Governor has to look for the legislative party leader and not like Ekanth Shinde can be called to be sworn in as the CM. His only claim was that he was a leader of the majority faction of the shiv sena party #ShivSenaCrisis

Sibal: Disloyalty is for a price which has secured Ekanth Shinde the position of the Chief Minister now..leader of legislature party cannot be given primacy over the party and that is the basic constitutional principle. #shivsenacrisis

Sibal: this letter was written when these 39 were sitting in Assam. they know eknath shinde has been removed. this document then becomes a self serving document and it is not a document which sees light of the day prior to June 21.. makes general statements that cadre unhappy..… twitter.com/i/web/status/1…

Sibal: Justice Venkatachaliah's observation shows that we are reaching bottom of the barrel. Please read it to see where we are going in this country...see a letter from the Governor to U Thackeray during the covid times.. I will not read it milord.. please read it. How can the… twitter.com/i/web/status/1…

Sr Adv Sibal while concluding his submissions: History of this court has been the history of the celebration of values of the constitution. ADM Jabalpur has also happened.. this case will determine the moment of democracy and is truly a historical one. I believe without… twitter.com/i/web/status/1…

Senior Adv AM Singhvi will commence rejoinder at 2 pm #ShivSenaCrisis

SG Tushar Mehta: I cannot argue politically.. I am not on dual capacity. An unconnected letter was presented before your lordships of the Governor..

CJI DY Chandrachud: Sr Adv Sibal does not expect us to refer this to in our judgment. We only smiled. Just smile...… twitter.com/i/web/status/1…

SG: Some new points have been addressed by Mr Sibal. Please allow me to file a brief rejoinder in addition to the points raised by me

CJI: Take 5 minutes and argue it.. the other side can hear it and then reply if they want to...

#shivsenacrisis

Sr Adv Kaul: governor does not have the mandate to see that till yesterday you were together and now you are separated... governor could then also say that you had a pre poll alliance for so many years and how was it ditched at the last moment? This is not for the governor to see… twitter.com/i/web/status/1…

Sr Adv Singhvi: this court will be asked to turn parliamentary democracy on its head if it is argued that whip is not elected by the leader of the party. in the context of the whip it cannot be argued that political party leader does not appoint it but the legislative party… twitter.com/i/web/status/1…

Singhvi: Independence is now lost..If you are all for free speech, you say this is a rotten party then resign and re-contest. elementary stand that shows that 10th schedule is being reduced to a vanishing point. here there is no resignation and no one goes to the election… twitter.com/i/web/status/1…

Singhvi: first step to annihilate the 10th schedule is to send a notice to the speaker and disable him... the second step is to forward resolutions to the governor parallelly... and the third step is to be sworn in as the chief minister with the support of a party in whose lap… twitter.com/i/web/status/1…

CJI: Merger was not open to them since BJP or them .. they did not want to do it. it is not their case at all that one part of sena is merging with them #ShivSenaCrisis

CJI: Merger means that their political identity as Shiv sena is lost. you say that if you have a dissension you just leave the party. but he says he does not want to leave the party since he is a shiv sena man #ShivSenaCrisis

Five-judge Constitution Bench continues discusses #ShivSenaCrisis

CJI: You told us the three steps.. notice of removal to speaker.. notice of resolution to governor and governor calling for trust vote and the trust vote communication. we are not adjudicating upon the speaker issue. governor asks for a trust vote: now governor has material to… twitter.com/i/web/status/1…

CJI: What happens if we come to the conclusion to say that excercise of power by governor was not correct?

Singhvi: everything falls

CJI: That is easy to say.. but what happens Uddhav Thackeray becomes CM. But he resigned no? It is like court being told that reinstate a govt… twitter.com/i/web/status/1…

CJI: please finish by 3:30. we are rushing you not because you dont have a case but because now the burden falls upon us to reflect upon all of this. #ShivSenaCrisis

CJI: You are saying that Mr Thackeray resigned only because trust vote was called illegally and you accept that numbers were against you

Singhvi: precisely yes. how does my non participation validate the action of the governor. illegality is illegality and we knew it.… twitter.com/i/web/status/1…

Singhvi: your lordship's powers are paramount.. you can go beyond the law and not contrary to the law.

CJI: So you are saying that article 189 recognizes de facto doctrine and it legitimizes decisions of authority whose appointment is found illegal later on but that does not make the decisions illegal

Singhvi: yes that is the pith and substance. if original act of calling the… twitter.com/i/web/status/1…

Singhvi: dissent has to be within the parameters of 10th schedule. you cannot say i am dissenting and i am leaving the 10th schedule. #shivsenacrisis

Sr Adv Singhvi: extremely grateful for the time

Sr Adv Devadatt Kamath argues

#ShivSenaCrisis

Sr Adv Devadatt Kamat: there may be more factions claiming that they are the real political party. On June 21 there was only one faction which wrote to the ECI. Only Uddhav Thackeray faction existed then. #shivsenacrisis

Sr Adv Devadatt Kamat: merely saying that you are a legislative majority and that is why you are the real political party is legally incorrect. #ShivSenaCrisis

Sr Adv Devadatt Kamat: I am reminded of a Sanskrit verse:

काकः कृष्णः पिकः कृष्णः को भेद पिककाकयोः

वसन्तसमये प्राप्ते काकः काकः पिकः पिकः

(Kakah krishna pikah krishna, Ko bheda pika kaka yoho? Vasanta samaye praptey, Kakah kakah pikah pikaha!)

At the time of judgement we will… twitter.com/i/web/status/1…

Senior Advocates and the judges of the Constitution bench thanks all the juniors and the assisting lawyers for their assistance

CJI DY Chandrachud: we reserve judgment.

#shivsenacrisis