3 weeks ago
Supreme Court questions Shiv Sena constitution, calls it 'one-person structure'
In India, there is a political party called Shiv Sena.
Two groups inside the party both say they are the real Shiv Sena.
One group is led by Uddhav Thackeray, and the other is led by Eknath Shinde.
The Election Commission, which helps run elections, said the Shinde group is the real party.
The Thackeray group went to the Supreme Court to complain.
The Supreme Court is the highest court in India.
During the hearing, judges said the party's rules were changed to make one person very powerful.
A lawyer named Kapil Sibal said the Election Commission is not allowed to decide if a party's rules are fair.
The court will listen to more arguments on August 11.
The Supreme Court questioned Shiv Sena's amended constitution, saying it turned the party into 'virtually a one-person structure.'
The case is Uddhav Thackeray's faction challenging the Election Commission's decision recognising the Eknath Shinde-led faction as the 'real Shiv Sena.'
Kapil Sibal argued the Election Commission has no power to declare a party constitution invalid and wrongly ignored the 2018 constitution in favour of a 1999 version.
The Thackeray faction said it has 19.4 lakh primary members versus Shinde's 4.48 lakh, while the Shinde faction's legislative numbers grew from 31 to 56 after Shinde became Chief Minister.
Justice Bagchi quoted Dr B.R. Ambedkar's view that defection is a 'constitutional sin'; the hearing resumes on August 11.
- Who
- A Supreme Court bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana, with senior advocate Kapil Sibal representing the Uddhav Thackeray-led faction against the Eknath Shinde-led faction.
- What
- The court questioned whether Shiv Sena's amended constitution made it 'virtually a one-person structure,' while the Thackeray faction argued the Election Commission exceeded its authority by treating the party's 2018 constitution as invalid.
- Where
- New Delhi, India, at the Supreme Court.
- When
- August 6 (Thursday), with the hearing set to resume on August 11.
- Why
- To decide whether the Election Commission was right to recognise the Eknath Shinde-led faction, rather than the Uddhav Thackeray-led faction, as the 'real Shiv Sena.'
Uddhav Thackeray-led faction (challengers)
Election Commission and Shinde-led faction
Election Commission's jurisdiction over party constitutions
Uddhav Thackeray-led faction (challengers)
Kapil Sibal argued the EC has no adjudicatory power to declare a party constitution invalid and exceeded its legal mandate by relying on the 1999 version instead of the 2018 constitution under which both factions had operated.
Election Commission and Shinde-led faction
The court and EC reasoning scrutinise whether a party itself functions democratically, noting the amended constitution appears to have created a 'one-person structure' rather than a democratic one.
Basis for recognising the real party
Uddhav Thackeray-led faction (challengers)
Recognition should reflect organisational support: the Thackeray faction has an 'overwhelming majority' with 19.4 lakh primary members compared to Shinde's 4.48 lakh.
Election Commission and Shinde-led faction
The EC's decision favoured the faction with a majority in the legislature, whose numbers grew from 31 to 56 MLAs after Eknath Shinde became Chief Minister.
Whether political parties must function democratically
Uddhav Thackeray-led faction (challengers)
Constitutional institutions perform constitutional functions while political parties perform political functions, so institutional-integrity standards cannot be applied equally; at most, the EC could ask the party to amend its constitution.
Election Commission and Shinde-led faction
If institutions are expected to safeguard democratic values, political parties too should be examined on whether they function democratically, and defection should remain a 'constitutional sin' rather than a 'badge of honour.'
Key facts
- Court
- Supreme Court of India
- Bench
- Chief Justice Surya Kant, Justices Joymalya Bagchi and V Mohana
- Parties in dispute
- Uddhav Thackeray-led faction vs Eknath Shinde-led faction
- Core dispute
- Election Commission's recognition of the Shinde faction as the 'real Shiv Sena'
- Primary members
- Thackeray faction: 19.4 lakh; Shinde faction: 4.48 lakh
- Shinde faction MLAs
- Grew from 31 to 56 after Shinde was sworn in as Chief Minister
- Constitutions cited
- EC relied on a 1999 version, ignoring the 2018 constitution
- Next hearing
- August 11
Quotes
Chief Justice Surya Kant
Judge of the Supreme Court of India
“"Originally, the party (Shiv Sena) Constitution was founded on democratic principles…it was amended and became virtually a one‑person structure."”
theprint.in
“"The real question is that this is not within the Election Commission’s remit."”
theprint.in
Sources
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