The Supreme Court on Friday refused to refer pleas related to the June 2022 Maharashtra political crisis triggered by the Shiv Sena's division to a seven-judge bench for reconsideration of the 2016 Nabam Rebia judgment.
The Supreme Court on Thursday reserved its verdict on the issue whether pleas related to the June 2022 Maharashtra political crisis triggered by the Shiv Sena's division be referred to a seven-judge bench for reconsideration of the 2016 Nabam Rebia judgment.
The Uddhav Thackeray-led faction of the Shiv Sena urged the Supreme Court on Tuesday to refer the cases related to the Maharashtra political crisis to a seven-judge bench for reconsideration of a 2016 judgment on powers of assembly speakers to deal with disqualification pleas.
The Supreme Court of India has ruled that a governor has discretion under Article 200 to refer a state bill to the President or return it to the legislature, and is not bound by the advice of the council of ministers. The court clarified that a governor cannot simply withhold a bill.
A bench comprising justices J B Pardiwala and R Mahadevan on April 8 gave a huge relief to the Dravida Munnetra Kazhagam-led Tamil Nadu government and cleared 10 state bills which were stalled and reserved by Governor R N Ravi for President's consideration, and also set a timeline for all governors to act on the bills passed by state assemblies.
The Supreme Court said on Wednesday the issues related to the Maharashtra political crisis, triggered by the differences in the Shiv Sena, are "tough" constitutional questions to decide as they have "very serious" ramifications for the polity.
The speaker of Parliament or a legislative assembly can decide on the notice seeking his recusal from dealing with disqualification pleas of lawmakers subject to judicial review and can ascertain whether such applications are bona fide or intended only to evade disciplinary action, the Supreme Court said on Thursday.
The Supreme Court on Wednesday rejected the suggestion of the Uddhav Thackeray faction of the Shiv Sena to decide the disqualification proceedings pending against Maharashtra Chief Minister Eknath Shinde and MLAs belonging to his camp, saying it cannot assume the role of the speaker as doing so will have "serious ramifications".
The following are the highlights of the Supreme Court verdict in which a five-judge Constitution bench unanimously held on Thursday that it cannot restore the then Maha Vikas Aghadi (MVA) government led by Uddhav Thackeray as the former chief minister resigned without facing a floor test in June last year.
Shiv Sena leader Eknath Shinde could not have been sworn in as the chief minister of Maharashtra if the assembly speaker was not restrained from deciding the disqualification petitions pending against 39 MLAs, the Supreme Court said on Wednesday.
The verdict will be delivered by a five-judge Constitution bench headed by Chief Justice of India DY Chandrachud.
The Supreme Court kept in abeyance the disqualification proceedings before the Deputy Speaker of the Maharashtra Assembly till July 11 and sought responses to pleas by rebel MLAs questioning the legality of notices seeking their disqualification.
The Governor has no discretion and at best he can confer with the chief minister for change of date to hold the session.
The Supreme Court will hear a batch of pleas on the Maharashtra political crisis filed by the Shiv Sena factions led by Uddhav Thackeray and Eknath Shinde on November 29, when it is likely to issue some directions.
The apex court also ordered the Election Commission of India not to decide till August 25 the application filed by Maharashtra's Chief Minister Eknath Shinde camp for recognition as the 'real Shiv Sena' party and allotment of the bow and arrow symbol to it.
A day after the Uddhav Thackeray faction submitted a plea before Deputy Speaker Narhari Jhirwal to disqualify the rebel MLAs, the Ekanth Shinde faction on Friday gave a notice of no-confidence motion against the deputy speaker.
Though the Bharatiya Janata Party has frequently raised the issue of Chinese incursions in Parliament, Nabam Rebia was the first MP from the ruling Congress party to support the allegation.
Nabam Rebia said the Chinese army had demolished a Buddha statue in Tawang and that constant incursions by Chinese troops had instilled a sense of insecurity in the people of Arunachal Pradesh.
The Shiv Sena (UBT) has once again knocked on the doors of the Supreme Court seeking a direction to the Maharashtra assembly speaker to expeditiously adjudicate the disqualification petitions filed against Chief Minister Eknath Shinde and other Sena MLAs, who had tied up with the Bharatiya Janata Party to form a new government in June 2022, in a time-bound manner.
A five-judge Constitution bench of the Supreme Court on Wednesday said it will hear on September 27 an application by the Uddhav Thackeray-led faction seeking to restrain the Election Commission from deciding on the claim of Maharashtra Chief Minister Eknath Shinde-led group over the "original" Shiv Sena.
The Supreme Court on Tuesday took note of the Eknath Shinde faction's claim about the Uddhav Thackeray camp stalling the proceedings before the poll panel where the former's application staking claim over the Shiv Sena and its symbol is pending, and said it will consider listing its plea before a Constitution bench.
The CJI told lawyer Singhvi, "No, but status quo ante would have been a logical thing to do provided that you had lost the trust vote on the floor of the house. Because, then clearly you have been ousted from power based on the trust vote, which could be set aside. Look at the intellectual conundrum. You chose not to face the trust vote."
The Supreme Court on Tuesday allowed the Election Commission to go ahead with the hearing of Maharashtra Chief Minister Eknath Shinde group's plea seeking recognition as the real Shiv Sena and allocation of the party's bow-and-arrow poll symbol to it.
The dramatic development came a day after they "impeached" Speaker Nabam Rebia in a make-shift "assembly" premises in a community hall.
The Supreme Court on Thursday held the Maharashtra governor was not justified in calling upon then chief minister Uddhav Thackeray to prove his majority in the assembly on June 30 last year but refused to order the status quo ante, saying he did not face the floor test and resigned.
The ministry of Home Affairs, in the affidavit, said Chief Minister Nabam Tuki and Speaker Nabam Rebia have been playing communal politics against the Governor, who in his reports had recommended imposition of President's Rule in the state by elaborating the sequence of events leading the Congress government becoming a minority.
The Supreme Court on Thursday reserved its verdict on a batch of cross-petitions of Uddhav Thackeray and CM Eknath Shinde factions pertaining to the Maharashtra political crisis.
The Supreme Court on Wednesday agreed to hear at 5 pm the plea of Shiv Sena chief whip Sunil Prabhu challenging the Maharashtra governor's direction to the Uddhav Thackeray-led Maha Vikas Aghadi government to take floor test in the assembly on Thursday.
In a letter to Rajasthan Governor Kalraj Mishra, senior Congress leaders and former law ministers Ashwani Kumar, Kapil Sibal and Salman Khurshid said the Governor's office, as envisaged under the country's constitutional scheme, is above and beyond the constraints and compulsions of partisan politics, 'so that its holder can act freely and fairly to uphold the Constitution'.
The Supreme Court on Thursday virtually paved the way for government formation in Arunachal Pradesh by vacating its order on maintenance of status quo.
Scindia, who is now with the BJP and took oath as a member from Madhya Pradesh, greeted his bete noire before taking oath. Scindia and Singh had differences that led to Scindia quitting the Congress. Scindia also greeted Congress leaders Mallikarjun Kharge and Ghulam Nabi Azad.
In the petition, there has been a challenge to the report and the recommendation of the Union Cabinet for promulgation of President's Rule in the state.
The apex court asked what difference would it have made if the sitting was held as originally scheduled.
Rebia seeks review of a portion of the judgement dealing with the power of the speaker.
However, Tuki, who led a Congress government that fell in January after the controversial role played by Governor J P Rajkhowa, said that he needed time to face the floor test.
The Union Cabinet on Sunday recommended imposition of President's Rule in Arunachal Pradesh, which is facing a political turmoil.
The Supreme Court on Thursday referred to a Constitution bench a bunch of petitions arising out of certain orders passed by the Gauhati high court in the ongoing political battle in Arunachal Pradesh.
On Thursday, the MLAs met at a local hotel to adopt a motion of 'no-confidence' against the chief minister and elect another dissident Congress MLA, Khaliko Pul, in his place.
The protesters set ablaze the private residence of the deputy chief minister at Niti Vihar and ransacked the office of the deputy commissioner of Itanagar.
n fast-changing developments, Khaliko Pul, rebel-turned chief minister, who was unseated by the Supreme Court, returned to the party fold with 30 dissident MLAs.
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