Having majority no reason for lawmakers to defy party: Supreme Court

The Supreme Court clarified that MLAs or MPs cannot ignore their political party’s official guidelines just because they form a majority. This ruling came during a long-standing dispute between two factions of Shiv Sena led by Uddhav Thackeray and Eknath Shinde.

Shinde, supported by 40 out of 55 party MLAs, broke away from Thackeray’s leadership, leading to the collapse of Thackeray’s government. The Election Commission later decided that Shinde was the rightful leader of Shiv Sena and granted him the party symbol.

Kapil Sibal, representing Thackeray, argued that such actions by a group of MLAs are not driven by democratic principles but by a desire for power. He warned that this could undermine the electoral process and allow unelected governments to take over.

The court emphasized that political parties must maintain their ideology and structure. Justice Joymalya Bagchi noted that the strength of a democracy lies in the loyalty of its members to their party’s principles.

Sibal questioned whether a small group of legislators can decide to switch parties without consulting the main party leadership. He argued that the majority within the legislature does not override the authority of the parent political party.

The court acknowledged the need to balance voters’ choices with the freedom of individual lawmakers to disagree with their party. However, it stressed that the original political party’s authority must prevail over internal disagreements.

Sibal also pointed out that the concept of a “split” within a legislature party is not defined under the Tenth Schedule of the Constitution. He argued that the distinction between the original political party and the legislative party is crucial to prevent misuse of the electoral system.

The court’s judgment aims to protect the integrity of political parties and ensure elected governments remain accountable to voters.