Supreme Court of India
Government
General Elections
Maharashtra Crisis
CJI DY Chandrchud
Kapil Sibal
Uddhav Thackerey
Eknath Shinde
Tushar Mehta
AM Singhvi
Shiv Sena
This Video is Strictly for LEGAL AWARENESS & EDUCATION Purpose only
The ‘real’ Shiv Sena
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...
Mr. Sibal said that, looking at it in its entirety and impact, the EC order was also concerned with the question of who was the “real” Shiv Sena party.
“But equally, Mr. Sibal, now they [Shinde] have succeeded before the EC. We cannot pass an order which has the effect of staying the EC order without hearing them… We cannot stay the EC order at this stage,” Chief Justice Chandrachud noted, while issuing notice in the case.
The court gave two weeks’ time to Mr. Shinde and the EC to file their responses to Mr. Thackeray’s challenge to the February 17 order. Mr. Thackeray will get a week thereafter to file his rejoinder, after which the case will come up for hearing again.
Mr. Sibal repeatedly urged the Bench to at least give them the liberty to approach the court in case the Shinde group took any “precipitate action”, leaving the Thackeray faction high and dry, in the interim weeks before the case came up for hearing.
However, the court remained non-committal. It brushed aside Mr. Sibal’s fears, observing that his worries concerned issues quite outside the EC order and touched upon “contractual relationships within a political party”.
The court however retained the Election Commission (EC) direction allowing the Thackeray faction to keep the name ‘Shiv Sena (Uddhav Balasaheb Thackeray)‘ and the flaming torch symbol for the upcoming byelections in the Chinchwad and Kasaba Peth constituencies.
At one point during the hearing, Mr. Thackeray’s team of senior advocates Kapil Sibal, A.M. Singhvi, Devadatt Kamat and advocate Amit Anand Tiwari said that they feared that the Shinde group, armed with the EC order, would issue a whip and even disqualify Mr. Thackeray if he did not comply with it.
Role of Judiciary in India
As a judiciary is independent of the executive, it can easily safeguard the rights of the citizen to ensure peace and harmony. However, its role is not just limited to this. It plays different roles to make sure there is smooth functioning in the country.
Firstly, it plays a great role in making new laws. Judiciary is the rightful interpreter of our constitution as well as the current laws. It has the power to create new laws as well as overrule policies that might violate our constitution.
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