Shiv Sena crisis falls within realm of politics: Harish Salve tells Supreme Court

Supreme Court, on Thursday, heard arguments on Shiv Sena crisis which began last year on rift between CM Eknath Shinde and former CM Uddhav Thackeray. Harish Salve, senior vocate and King's Counsel, argued that crisis belongs to political realm and court should not speculate on crisis because it would be 'extremely perilious' for judiciary. 

Speaking in his typically balanced calm baritone, Harish Salve, whose expertise in constitutional law is unparalleled, said arguments of Uddhav Thackeray's vocate Abhishek Manu Singhvi on former Maharashtra Chief Minister's floor test, which he never faced, could not apply in court. 

Shiv Sena crisis

In 2022, Maharashtra CM Eknath Shinde, along with 40 of 55 Shiv Sena MLAs, rebelled against n-CM and Shiv Sena chief Uddhav Thackeray. Left with only 15 MLAs, latter lost majority and resigned from his post before taking floor test and proving his majority.

On June 29, 2022, apex court refused to stay former Maharashtra governor Bhagat Singh Koshyari's order to Maha Vikas Aghi government (Congress + Shiv Sena + NCP) to take a floor test in assembly. 

With Thackeray no more in picture, Shinde was sworn in as new Chief Minister by Koshyari very next day. On February 23, 2022, Thackeray faction submitted before Supreme Court that Shinde's appointment as CM was "direct and inevitable result" of two orders of apex court that "disturbed co-equal and mutual balance" between judiciary and legislature. 

'Not for us to decide'  

Arguing before Supreme Court, Harish Salve said, "It would be extremely perilous for this court to embark on this journey. Mr. Thackeray resigns. Governor calls for a floor test for a sitting CM. floor test doesn't happen. How do you know who would have supported whom? What if one of his coalition partners said sorry we don't want to support you? We don't know." 

"It's not for us to decide as lawyers. This is in realm of politics. How can your lordships be invited to hazard that guess." 

"Look at what happened when Shinde came for floor test in assembly. Thirteen of Thackeray's hardcore supporters abstained from voting. se things happen in politics. se fast-moving political waters take different turns at different points. We're not to speculate," senior vocate told five-judge bench comprising Chief Justice of India (CJI) D Y Chandrachud, and Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha.

While mitting that re are "leaks" in 10th Schedule of constitution (anti-defection law), Salve underscored problems of "criminalisation of politics, election funding, spending in elections". However, he ded re is a line judiciary should not cross to dress such problems.

He even defended former Maharashtra governor for swearing in Shinde as new CM as he questioned, "If government has lost majority and one faction comes and says that we have a majority n what error has governor committed by calling Shinde faction to be sworn in as CM?" Mr. Salve furr said governor's job is not to count hes.  hearing, however, remained inconclusive and it will resume when court proceedings resume on March 14.