The Supreme Court on Wednesday refused to reinstate the Uddhav Thackeray’s government in Maharashtra. In saying it could not do so as he had resigned without taking the floor test. A bench of Justices AM Khanwilkar, DY Chandrachud, and Surya Kant said that the court could have considered granting the remedy of reinstating the government had Thackeray not quit his position chief minister.
The bench was hearing a plea filed by Shiv Sena leader Sunil Prabhu challenging the Governor’s decision to ask the Thackeray government to prove its majority in the Assembly. Prabhu had argued that the Governor’s decision was unconstitutional as the Thackeray government had a majority in the Assembly.
The bench, however, disagreed with Prabhu’s contention and said that the Governor had rightly exercised his discretion in asking the Thackeray government to prove its majority. The bench said that the Thackeray government had lost the confidence of the House as 39 of its MLAs had defected to the Shinde camp.
The bench also rejected Prabhu’s argument that the Governor’s decision was motivated by mala fide intent. The bench said that there was no evidence to support Prabhu’s claim. The bench’s decision has become a major setback for the Thackeray government. The government is expected to face a floor test in the Assembly on Thursday.
What Led to the Fall of the Thackeray’s Government?
The fall of the Thackeray government was a result of a political crisis that began in June 2022. The crisis was triggered by the rebellion of a group of Shiv Sena MLAs led by Eknath Shinde. The MLAs accused Thackeray of ignoring the party’s interests and being too close to the Congress and the NCP.
The rebellion led to a split in the Shiv Sena. The MLAs who rebelled formed their faction of the party and named Shinde as their leader. They also staked a claim to form the government in Maharashtra.
The Governor of Maharashtra, Bhagat Singh Koshyari, invited the Shinde faction to form the government. The Shinde faction was able to prove its majority in the Assembly and formed the government with the support of the BJP.
The fall of the Thackeray’s government has been a major setback for the Shiv Sena. Once a powerful force in Maharashtra, the party is now facing an existential crisis.
What are the Implications of the Supreme Court’s Decision?
The Supreme Court’s decision has a number of implications. First, it has set a precedent that the Governor can ask the government to prove its majority in the Assembly even if it has a majority in the House.
This could make it easier for the Governor to dismiss a government facing a rebellion.
Second, the decision has weakened the position of the Shiv Sena. The party is now facing an existential crisis, and it will be difficult for it to recover from the setback.
Third, the decision has strengthened the position of the BJP. The party has now emerged as the dominant force in Maharashtra, and it will likely play a major role in the state’s politics in the future.
Conclusion
The Supreme Court’s decision not to reinstate the Uddhav Thackeray’s government is a major setback for the Shiv Sena. The party is now facing an existential crisis, and it will be difficult for it to recover from the setback. The decision has also strengthened the position of the BJP, which is now the dominant force in Maharashtra.
Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.
